| Wilmington Trust, National Association v Pape |
| Motion No: 2019-03717 |
| Slip Opinion No: 2020 NY Slip Op 67157(U) |
| Decided on June 12, 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
M271269
kbp/
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-03717 Wilmington Trust, National Association, etc., respondent, v Christopher Pape, et al, defendants, 134 Eel Pot Alley, LLC, appellant. (Index No. 606468/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2019. Motion by the appellant to stay the foreclosure sale of the subject premises pending hearing and determination of the appeal and, pursuant to CPLR 5520(c), to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered December 17, 2019, 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 containing the 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 stay the foreclosure sale of the subject premises is denied, with leave to renew upon the rescheduling of the foreclosure sale; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5520(c) 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, and for leave to serve and file a supplemental record containing the judgment is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before July 13, 2020, the appellant shall serve and file a supplemental record containing the judgment via NYSCEF, 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.
CHAMBERS, J.P., ROMAN, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court