| Bank of New York Mellon v Ingrassia |
| Motion No: 2019-01203 |
| Slip Opinion No: 2020 NY Slip Op 65622(U) |
| Decided on April 23, 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
M270607
E/mb
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
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2019-01203, 2019-01204, 2020-01249 Bank of New York Mellon, respondent, v Jasmine Ingrassia, appellant, et al., defendants. (Index No. 6434/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, both entered September 20, 2018, and an order and judgment of the same court entered October 18, 2019, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(6) and to waive any undertaking, or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the order and judgment, and the sale of the subject premises, pending hearing and determination of the appeals, 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 the branch of the motion which is to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(6) and to waive any undertaking is denied as no automatic stay is in effect; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of the order and judgment, and the sale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the orders with the appeal from the order and judgment is granted, and on or before May 27, 2020, the parties shall upload through the digital portal on this Court's website digital copies of the record and briefs that contain corrected covers which add Appellate Division Docket No. 2020-01249, and the appellant shall serve a supplemental record containing the order and judgment, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court.
AUSTIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court