Appellate Division: Second Judicial Department

M270816

E/sl

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-12144, 2019-14400 Raymond James Bank, NA, respondent, v John Guzzetti, appellant, et al., defendants. (Index No. 603998/15)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated May 24, 2018, and a judgment of the same court entered December 2, 2019, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental record, and to stay the sale of the subject premises, pending hearing and determination of the appeals.

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 deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as unnecessary, as the appellant has taken an appeal from the judgment; and it is further,

ORDERED that the branches of the motion which are to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment and for leave to serve and file a supplemental record are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are also deemed to be filed in connection with appeal from the judgment, and on or before June 10, 2020, the parties shall submit corrected covers for the copies of the record and briefs on file with the Clerk of this Court which contain Appellate Division Docket No. 2019-14400 in addition to Appellate Division Docket No. 2018-12144, and efile copies of the corrected record and corrected briefs, and

the appellant shall serve and efile a supplemental record containing the judgment and the notice of appeal from the judgment, and the appellant shall file with the Clerk of the Court 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; and it is further,

ORDERED that the branch of the motion which is to stay the sale of the subject premises is denied without prejudice to renew upon the rescheduling of the foreclosure sale.

CHAMBERS, J.P., MALTESE, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court