Appellate Division: Second Judicial Department

M274032

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2018-10062, 2018-10064, 2020-06494, 2020-06495 US Bank National Association, etc., respondent, v Lena Rozo-Castellanos, et al., appellants, et al., defendants. (Index No. 609339/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, both dated July 16, 2018, an order of the same court dated February 5, 2020, and a judgment of the same court entered February 11, 2020. Motion by the appellants to stay all proceedings in the above-entitled action, and, in effect, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals from the orders dated July 16, 2018. By order to show cause dated July 28, 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 from the orders dated July 16, 2018, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment, and the appellants' motion was held in abeyance in the interim. Separate motion by the appellants to consolidate the appeals from the orders dated July 16, 2018, with the appeals from the order dated February 5, 2020, and the judgment, and to direct that the appeals from the order dated February 5, 2020, and the judgment be perfected on or before December 4, 2020.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals from the orders dated July 16, 2018, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion to stay all proceedings in the above-entitled action and, in effect, to stay the foreclosure sale of the subject premises is granted, and all proceedings in the above-entitled action and the foreclosure sale of the subject premises are stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders dated July 16, 2018, are deemed also filed in connection with the appeal from the order dated February 5, 2020, and the judgment, and on or before December 9, 2020, the parties shall initialize the appeals from the orders dated July 16, 2018, for efiling and file, via NYSCEF, digital replacement copies of the record and briefs that contain covers with Appellate Division Docket Nos. 2020-06494 and 2020-06495 in addition to Appellate Division Docket Nos. 2018-10062 and 2018-10064, and submit covers for the copies of the record and briefs filed with the Clerk of the Court that contain the corrected covers, and on or before December 9, 2020, the appellants shall serve and file, via NYSCEF, a supplemental record containing the order dated February 5, 2020, and the judgment and the notice of appeal from the order dated February 5, 2020, and the judgment, and the appellants shall 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 direct that the appeals from the order dated February 5, 2020, and the judgment be perfected on or before December 4, 2020, is denied as unnecessary.

MASTRO, J.P., CHAMBERS, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court