Appellate Division: Second Judicial Department

M272452

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-05575 Wells Fargo Bank, N.A., respondent, v Mona Balkaran Singh, etc., et al., appellants, et al., defendants. (Index No. 712902/2016)

DECISION & ORDER ON MOTION

2019-13938

Wells Fargo Bank, N.A., respondent,

v Mona Balkaran Singh, etc., et al., appellants,

et al., defendants.

(Index No. 712902/2016)

Appeals from an order of the Supreme Court, Queens County, entered February 19, 2019, and an order and judgment (one paper) of the same court entered October 16, 2019. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellants to stay the foreclosure sale of the subject premises and to stay enforcement of the judgment, pending hearing and determination of the appeals, and to consolidate the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order entered February 19, 2019, is granted and that appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, the record and the appellants' brief filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, on or before September 16, 2020, the appellants shall file a digital replacement record and a digital replacement appellants' brief via NYSCEF under Appellate Division Docket No. 2019-13938 that contain covers which include Appellate Division Docket No. 2019-13938, and omit Appellate Division Docket No. 2019-05575, submit corrected covers for the hard copies of the record and the appellants' brief filed with the Clerk of this Court, and serve and file a supplemental record via NYSCEF under Appellate Division Docket No. 2019-13938 that contains the order and judgment and the notice of appeal from the order and judgment, 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 extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief via NYSCEF under Appellate Division Docket No. 2019-13938 is extended until October 16, 2020, and the respondent shall file the original and five hard copies of the respondent's brief 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 appellants' motion which is to stay the foreclosure sale of the subject premises and to stay enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the appellants' motion which is to consolidate the appeals is denied as academic.

SCHEINKMAN, P.J., BALKIN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court