Appellate Division: Second Judicial Department

M268839

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-04126, 2018-04127 HSBC Bank USA, National Association, etc., respondent, v Cheryl DiBenedetti, et al., appellants, et al., defendants. (Index No. 61153/14)

DECISION & ORDER ON MOTION

2019-10054

HSBC Bank USA, National Association, etc.,

respondent, v Cheryl DiBenedetti, et al., appellants,

et al., defendants.

(Index No. 61153/14)

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, both dated January 30, 2018, and a judgment of the same court dated July 26, 2019. By order to show cause dated November 26, 2019, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment, and the appellants' motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before February 10, 2020, the appellants shall delete Appellate Division Docket Nos. 2018-04126 and 2018-04127 from, and add Appellate Division Docket No. 2019-10054 to, the copies of the covers of the record and briefs filed with the Clerk of this Court, remove the notice of appeal from the orders from the copies of the record filed with the Clerk of this Court, efile, under Appellate Division Docket No. 2019-10054, copies of the corrected record and briefs, and serve and file a supplemental record that contains the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that the motion to dismiss the appeals from the orders is granted (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion to stay all proceedings in the above-entitled action is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal from the judgment.

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

ENTER:

Aprilanne Agostino

Clerk of the Court