Appellate Division: Second Judicial Department

M293604

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2022-07198, 2022-07199 U.S. Bank National Association, etc., respondent, v Lavern Alexander, appellant, et al., defendants. (Index No. 13781/2012)

DECISION & ORDER ON MOTION

2023-04511

U.S. Bank National Association, etc.,

respondent, v Lavern Alexander, appellant,

et al., defendants.

(Index No. 13781/2012)

Appeals from two orders of the Supreme Court, Kings County, both dated May 31, 2022, and an order and judgment (one paper) of the same court dated February 1, 2023. Motion by the appellant, in effect, to deem the appendix and briefs filed in connection with the appeals from the orders also to be filed in connection with the appeal from the order and judgment, and to stay enforcement of the order and judgment, including the foreclosure sale of the subject premises, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment, including the foreclosure sale of the subject premises, is granted and enforcement of the order and judgment, including the foreclosure sale of the subject premises, is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that on the Court's own motion, the appeals are consolidated; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the appendix and briefs filed in connection with the appeals from the orders also to be filed in connection with the appeal from the order and judgment is granted, and on or before February 20, 2024, the parties shall file, via NYSCEF, replacement digital copies of the appendix and briefs which contain Appellate Division Docket No. 2023-04511 in addition to Appellate Division Docket Nos. 2022-07198 and 2022-07199 on the covers, and on or before February 20, 2024, the appellant shall serve and file a supplemental appendix containing the order and judgment and the notice of appeal from the order and judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court