| Wilmington Trust, National Association v Singh |
| Motion No: 2021-08193 |
| Slip Opinion No: 2024 NY Slip Op 72240(U) |
| Decided on August 7, 2024 |
| 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
M298348
AFA/
FRANCESCA E. CONNOLLY, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
HELEN VOUTSINAS, JJ.
|
2021-08193, 2023-09841 Wilmington Trust, National Association, respondent, v Narinder Singh, appellant, et al., defendants. (Index No. 708461/2019)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Queens County, dated October 27, 2021, and a judgment of the same court dated August 31, 2023. Motion by the appellant to deem the notice of appeal from the order to be a notice of appeal from the judgment or, in the alternative, to consolidate the appeals. Separate motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion to deem the notice of appeal from the order to be a notice of appeal from the judgment or, in the alternative, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to stay the sale of the subject property and the papers filed in opposition thereto, it is
ORDERED that the motion to deem the notice of appeal from the order to be a notice of appeal from the judgment or, in the alternative, to consolidate the appeals is granted to the extent that 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 judgment, and on or before September 6, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-09841 in addition to Appellate Division Docket No. 2021-08193 on the covers, and the appellant shall serve and file, via NYSCEF, a replacement record which contains the judgment and the notice of appeal from the judgment and Appellate Division Docket No. 2023-09841 in addition to Appellate Division Docket No. 2021-08193 on the cover, and that motion is otherwise denied; and it is further,
ORDERED that the motion to stay the sale of the subject property, pending hearing and determination of the appeals, is granted and the sale of the subject property is stayed, pending hearing and determination of the appeals.
CONNOLLY, J.P., FORD, WARHIT and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court