Appellate Division: Second Judicial Department

M269517

kbp/

MARK C. DILLON, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-10962, 2020-00669 Freedom Mortgage Corporation, respondent, v Denise Granger, appellant, et al., defendants. (Index No. 15625/10)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated April 30, 2018, and an order and judgment (one paper) of the same court dated August 16, 2019. Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order. By order to show cause dated December 2, 2019, the parties to the appeal from the order were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment, and the appellant's 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 appellant's motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals are consolidated, the records and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, and on or before March 11, 2020, the parties shall correct the covers of the records and their respective briefs filed with the Clerk of the Court to add Appellate Division Docket No. 2020-00669, and serve and file digital replacement copies of the record and briefs that contain the corrected covers, and the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment; and it is further,

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the appellant's motion to stay the foreclosure sale of the subject premises is granted, and the foreclosure sale of the subject premises, located at 300 Etna Street, Apartment 1, Brooklyn, New York 11208, is stayed pending hearing and determination of the appeals.

DILLON, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court