| Bank of New York Mellon v Selig |
| Motion No: 2019-03118 |
| Slip Opinion No: 2020 NY Slip Op 60053(U) |
| Decided on January 2, 2020 |
| 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
M268573
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2019-03118 Bank of New York Mellon, etc., respondent, v Krista Selig, appellant, et al., defendants. (Index No. 23649/10)
| DECISION & ORDER ON MOTION |
2019-13837
Bank of New York Mellon, etc., respondent,
v Krista Selig, appellant, et al., defendants.
(Index No. 23649/10)
Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, dated January 31, 2019, and a decision of the same court dated August 29, 2019, to stay the sale of the subject premises, pending hearing and determination of the appeal from the order, and to extend the time to perfect the appeal from the order. Separate motion by the appellant pro se in connection with the appeal from the order to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motion, inter alia, to stay the sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g) and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, also dated August 29, 2019 (see CPLR 5512[a]); and it is further,
ORDERED that the branch of the motion which is to stay the sale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order and the motion to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g) are denied as academic.
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court