Appellate Division: Second Judicial Department

M268837

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-07830, 2018-07831, 2019-13866 Ditech Financial, LLC, etc., respondent, v Bernard Peters, et al., appellants, et al., defendants; Wilmington Savings Fund Society, FSB, etc., nonparty-respondent. (Appeal Nos. 1 and 2) Wilmington Savings Fund Society, FSB, etc., respondent, v Bernard Peters, et al., appellants. (Appeal No. 3) (Index No. 2837/16)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, both entered April 4, 2018, and a judgment of the same court entered September 11, 2019, to stay enforcement of the judgment and the sale of the subject premises, pending hearing and determination of the appeals, and, in effect, to consolidate the appeals from the orders with the appeal from the judgment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the judgment and the sale of the subject premises, located at 11 Topper Lane, Levittown, New York, are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the appeals from the orders are consolidated with the appeal from the judgment; the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the judgment, and on or before February 10, 2020, the appellants shall correct the covers of the record and briefs filed with the Clerk of the Court to add Appellate Division Docket No. 2019-13866, serve and file digital replacement copies of the record and briefs that contain the corrected covers, and serve and file a supplemental record that contains the judgment and the notice of appeal from the judgment.

CHAMBERS, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court