| Deutsche Bank National Trust Company v Bruno |
| Motion No: 2023-04781 |
| Slip Opinion No: 2023 NY Slip Op 74146(U) |
| Decided on September 27, 2023 |
| 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
M291274
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-04781, 2023-06735 Deutsche Bank National Trust Company, etc., respondent, v Lisa W. Bruno, etc., appellant, et al., defendants. (Index No. 31926/2008)
| DECISION & ORDER ON MOTION |
Appeals from an order and an order and judgment (one paper) of the Supreme Court, Suffolk County, both dated April 3, 2023. Motion by the appellant to consolidate the appeals, in effect, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, to file a supplemental record containing the order and judgment, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, or, in the alternative, for leave to record a notice of pendency against the subject premises.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to consolidate the appeals, in effect, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, to file a supplemental record containing the order and judgment are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, on or before October 27, 2023, the parties shall serve and file, via NYSCEF, replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2023-04781 in addition to Appellate Division Docket No. 2023-06735 on the covers, and on or before October 27, 2023, the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF; and it is further,
ORDERED that the branches of the motion which are to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, or, in the alternative, for leave to record a notice of pendency against the subject premises are denied.
DUFFY, J.P., CHRISTOPHER, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court