| U.S. Bank National Association v Dayan |
| Motion No: 2016-04793 |
| Slip Opinion No: 2019 NY Slip Op 86764(U) |
| Decided on December 23, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M268342
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2016-04793, 2016-04794, 2019-13912 U.S. Bank National Association, etc., respondent, v Steven Dayan, et al., appellants, et al., defendant. (Index No. 49160/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to consolidate appeals from two orders of the Supreme Court, Suffolk County, both entered April 5, 2013, with an appeal from an order and judgment (one paper) of the same court entered June 25, 2019, to deem the appellants' appendix and the parties' briefs filed in connection with the appeals from the orders also to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental appellants' appendix containing the order and judgment and the notice of appeal from the order and judgment. Separate motion by the appellants to stay enforcement of the order and judgment and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order and judgment.
Upon the papers filed in support of the motion, inter alia, in effect, consolidate the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion for a stay and the papers filed in opposition thereto, it is
ORDERED that the motion, inter alia, in effect, to consolidate the appeals is granted, the appellants' appendix and the parties' briefs filed in connection with the appeals from the orders are also deemed to be filed in connection with the appeal from the order and judgment, and on or before January 22, 2020, the appellants shall add Appellate Division Docket No. 2019-13912 to the covers of the copies of the appellants' appendix and the parties' briefs filed with the Clerk of the Court, and serve and file a supplemental appellants' appendix containing the order and judgment and the notice of appeal from the order and judgment; and it is further,
ORDERED that the motion for a stay is denied.
MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court