Appellate Division: Second Judicial Department

M269671

kbp/

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-06162, 2019-06163 U.S. Bank N.A., etc., respondent, v Francisco A. Medina, appellant, et al., defendants. (Index No. 55622/17)

DECISION & ORDER ON MOTION

2019-14162

U.S. Bank N.A., etc., respondent,

v Francisco A. Medina, appellant,

et al., defendants.

(Index No. 55622/17)

Motion by the appellant to stay the foreclosure sale of the subject premises pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, both dated March 29, 2019, and an order and judgment (one paper) of the same court dated September 19, 2019, and to consolidate the appeals from the orders with the appeal from the order and judgment.

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 appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order and judgment, which was timely served, is deemed timely filed (see CPLR 5520[a]).

MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court