| LaSalle Bank National Association v Mormile |
| Motion No: 2018-14037 |
| Slip Opinion No: 2020 NY Slip Op 69817(U) |
| Decided on August 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
M272344
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2018-14037, 2020-01841 LaSalle Bank National Association, etc., respondent, v Anna Mormile, et al., defendants, Dorota Golubowska, et al., appellants. (Index No. 104471/2007)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Richmond County, dated September 12, 2018, and a judgment of the same court dated November 14, 2019. Motion by the respondent to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of the appealing party. Cross motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, and to consolidate the appeals.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to consolidate the appeals is granted, on or before September 11, 2020, the parties shall upload, through the digital portal on this Court's website, digital copies of the record, supplemental record, and briefs that contain corrected covers with Appellate Division Docket No. 2020-01841 in addition to Appellate Division Docket No. 2018-14037, and submit corrected covers for the copies of the record, supplemental record, and briefs that were filed with the Clerk of this Court, on or before September 11, 2020, the appellant shall serve a second supplemental record containing the judgment and the notice of appeal from the judgment, and upload a digital copy of the second supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the second 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 cross motion which is to stay the foreclosure sale of the subject premises denied, without prejudice to renew upon the rescheduling of the foreclosure sale.
BALKIN, J.P., MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court