Appellate Division: Second Judicial Department

M270664

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2019-08266 Bank of America, N.A., respondent, v Jose Gonzalez, etc., appellant, et al., defendants. (Index No. 1592/18)

DECISION & ORDER ON MOTION

2020-00508

Bank of America, N.A., respondent,

v Jose Gonzalez, etc., appellant,

et al., defendants.

(Index No. 1592/18)

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, entered November 20, 2019, to stay enforcement of the order and judgment, to stay the sale of the subject premises, and to consolidate the appeal from the order and judgment with an appeal from an order of the same court dated May 20, 2019.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated May 20, 2019, is dismissed, without costs or disbursements, 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 entered November 20, 2019 (see Matter of Aho, 39 NY2d 241); 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 the branches of the motion which are to stay enforcement of the order and judgment and to stay the sale of the subject premises are denied, without prejudice to renew upon the rescheduling of the foreclosure sale.

MASTRO, J.P., LEVENTHAL, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court