Appellate Division: Second Judicial Department

M302729

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2023-02434, 2024-12172 Federal National Mortgage Association, respondent, v Valerie McDonald, appellant, et al., defendants; Rushmore Loan Management Services, LLC, nonparty-respondent. (Index No. 11111/2011)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated February 17, 2023, and an order and judgment (one paper) of the same court dated July 22, 2024. Motion by the appellant, in effect, to consolidate the appeals and to deem the record and brief filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment. Separate motion by the appellant to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals. Cross-motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment, to compel the appellant to serve and file a supplemental record containing certain material, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion, in effect, inter alia, to consolidate the appeals and the cross-motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to stay enforcement of the order and judgment and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant, in effect, to consolidate the appeals and to deem the record and brief filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment is granted, the appeals are consolidated, and the record and brief 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, and on or before March 10, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief which contains Appellate Division Docket No. 2024-12172 in addition to Appellate Division Docket No. 2023-02434 on the cover, and a replacement record which also contains the order and judgment and the notice of appeal from the order and judgment and Appellate Division Docket No. 2024-12172 in addition to Appellate Division Docket No. 2023-02434 on the cover; and it is further,

ORDERED that the branch of the cross-motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment 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 by the appellant to stay enforcement of the order and judgment, including the sale of the subject property is granted, and enforcement of the order and judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is granted, and on or before April 10, 2025, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and it is further,

ORDERED that the cross-motion is otherwise denied.

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court