Appellate Division: Second Judicial Department

M273037

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-00821 In the Matter of Mordechai Ishakis, petitioner- respondent, v Lillian Lieberman, et al., appellants. (Index No. 520620/2017)

DECISION & ORDER ON MOTION

2020-02540

In the Matter of Mordechai Ishakis, petitioner-

respondent, v Lillian Lieberman, et al., appellants,

et al., respondents.

(Index No. 520620/2017)

Appeals from an order of the Supreme Court, Kings County, dated July 16, 2018, and appeal from an order and judgment (one paper) of the same court dated February 6, 2020. Motion by the appellants Lillian Lieberman and Shaya Lieberman, and separate motion by the appellants 1858 58th Street, LLC, and Fairmont Southeast, LLC, to stay enforcement of the order and the order and judgment, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals. By order to show cause dated July 28, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment, and the appellants' motions were held in abeyance in the interim. Motion by the appellants 1858 58th Street, LLC, and Fairmont Southeast, LLC, to deem their notice of appeal from the order to be a premature notice of appeal from the order and judgment.

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

ORDERED that the branch of the motion which is to dismiss the appeal by the appellants Lillian Lieberman and Shaya Lieberman from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment is granted and that appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion by the appellants 1858 58th Street, LLC, and Fairmont Southeast, LLC, to deem their notice of appeal from the order to be a premature notice of appeal from the order and judgment is granted (see CPLR 5520[c]), and the appeal will be prosecuted under Appellate Division Docket No. 2020-02540 and not under Appellate Division Docket No. 2020-00821; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal by the appellants 1858 58th Street, LLC, and Fairmont Southeast, LLC, from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment is denied; and it is further,

ORDERED that the appellants' motions to stay enforcement of the order and the order and judgment, and to stay the foreclosure sale of the subject premises is granted and enforcement of the order and the order and judgment, and the foreclosure sale of the subject premises, are stayed, pending hearing and determination of the appeals from the order and judgment; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals from the order and judgment is extended, and on or before October 16, 2020, the appellants shall serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and the appellants shall file an original and five hard copies of the joint record or appendix and their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, J.P., CHAMBERS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court