Appellate Division: Second Judicial Department

M270984

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-06651 JPMorgan Chase Bank, National Association, respondent, v Gary Newton, etc., appellant, et al., defendant. (Index No. 7120/17)

DECISION & ORDER ON MOTION

2019-02803, 2019-08851

JPMorgan Chase Bank, National Association,

respondent, v Gary Newton, etc., et al., appellants.

(Index No. 7120/17)

2019-13595, 2019-13596, 2019-13597

JPMorgan Chase Bank, National Association,

respondent, v Gary Newton, etc., et al., appellants.

(Index No. 7120/17)

Appeals from five orders of the Supreme Court, Orange County, three dated May 1, 2018, February 28, 2019, and July 15, 2019, respectively, and two dated November 26, 2019, and an order and judgment (one paper) of the same court also dated November 26, 2019. By order to show cause dated January 30, 2020, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment. Motion by the appellants, inter alia, to review the orders on the appeal from the order and judgment. Separate motion by the appellants to stay enforcement of the order and judgment and to stay the foreclosure sale of the subject premises pending hearing and determination of the appeals from the orders dated November 26, 2019, and the order and judgment. Now, upon the order to show cause and no papers having been filed in response thereto, upon the papers filed in support of the motion, inter alia, to review the orders on the appeal from the order and judgment and the papers filed in opposition thereto, and upon the papers filed in support of the motion to stay enforcement of the order and judgment and to stay the foreclosure sale of the subject premises and the papers filed in opposition thereto, it is

ORDERED that the motion which is to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment 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 branch of the appellants' motion which is to review the orders on the appeal from the order and judgment 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 appellants' motions are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court