Appellate Division: Second Judicial Department

M271510

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-10092, 2018-10094 Capital One, N.A., respondent, v Yury Gokhberg, et al., appellants, et al., defendants. (Index No. 503995/2013)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated December 26, 2017. Motion by the appellants to stay all proceedings in the above-entitled action, and to stay the foreclosure sale, the conveyance, or the encumbrance of any interest in the subject premises, pending hearing and determination of the appeals. By order to show cause dated February 13, 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 on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered July 29, 2019 (see Matter of Aho, 39 NY2d 241), and the appellants' motion was held in abeyance in the interim. Separate motion by the appellants to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellants' motion for a stay and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellants' motion to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment and the papers filed in opposition thereto, it is

ORDERED that the motion to deem the notice of appeal from the orders dated December 26, 2017, to be a premature notice of appeal from the judgment entered July 29, 2019, is granted, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-10092 and not under Appellate Division Docket No. 2018-10094, the record and briefs filed in connection with the appeals from the order are deemed to be filed in connection with the appeal from the judgment, and on or before July 24, 2020, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court that contain only Appellate Division Docket No. 2018-10092 and do not contain Appellate Division Docket No. 2018-10094 and upload replacement digital copies of the record and briefs that contain the corrected covers through the digital portal on this Court's website, and the appellants shall serve a supplemental record containing the 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 motion to dismiss the appeals from the order is denied; and it is further,

ORDERED that the appellants' motion for a stay is denied, without prejudice to renew upon the rescheduling of the foreclosure sale.

DILLON, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court