| US Bank National Association v Lawrence |
| Motion No: 2018-10960 |
| Slip Opinion No: 2020 NY Slip Op 67232(U) |
| Decided on June 17, 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
M271374
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2018-10960 US Bank National Association, etc., respondent, v Wilbert Lawrence, appellant, et al., defendants. (Index No. 28095/2007)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated March 13, 2018. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order dated March 13, 2018, to be a premature notice of appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 16, 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 order and judgment, to limit the issues raised on the appeal from the order and judgment to the issues raised in connection with the order, for leave to serve and file a supplemental record containing the order and judgment, and to stay the sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are pursuant to CPLR 5520(c) to deem the notice of appeal from the order dated March 13, 2018, to be a premature notice of appeal from the order and judgment dated July 16, 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 order and judgment, to limit the issues raised on the appeal from the order and judgment to the issues raised in connection with the order, and for leave to serve and file a supplemental record containing the order and judgment are granted, and on or before July 20, 2020, the appellant shall serve the 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; and it is further,
ORDERED that the branch of the motion which is to stay the sale of the subject premises is denied.
BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court