Appellate Division: Second Judicial Department

M259191

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-07579 Emigrant Funding Corporation, respondent, v Persio A. Nunez, etc., appellant, et al., defendants. (Index No. 16111/09)

DECISION & ORDER ON MOTION

2018-12616

Emigrant Funding Corporation, respondent,

v Persio A. Nunez, etc., appellant, et al.,

defendants.

(Index No. 16111/09)

Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated May 25, 2016, and July 30, 2018, respectively, inter alia, to dismiss the appeal from the order dated May 25, 2016, as untimely taken and on the ground that the appellant's appendix does not comply with 22 NYCRR 1250.7. Separate motion by the appellant to stay the foreclosure sale of the subject premises and all proceedings in the above-entitled action, pending hearing and determination of the appeals and to consolidate the appeals.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order dated May 25, 2016, as untimely taken is granted and that appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the branch of the appellant's motion which is to stay the foreclosure sale of the subject premises and all proceedings in the above-entitled action is denied; and it is further,

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

LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court