Appellate Division: Second Judicial Department

M311028

ECQ/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2023-10627, 2026-01062 U.S. Bank, National Association, etc., respondent, v Vincent Trulli, etc., appellant, et al., defendants. (Index No. 62784/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Westchester County, both dated October 3, 2023. Motion by the appellant, in effect, to stay enforcement of a judgment of the same court dated November 20, 2024, including the sale of the subject property, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeals on the ground that the right of direct appeal from the orders terminated upon the entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Cross-motion by the appellant to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment.

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

ORDERED that the motion by the respondent is denied; and it is further,

ORDERED that the cross-motion is granted and the notice of appeal from the orders is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and brief filed in connection with the appeal from the orders is deemed to be filed in connection with the appeal from the judgment, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2023-10627, and not under Appellate Division Docket No. 2026-01062, and on or before March 4, 2026, the appellant shall serve and file a supplemental record containing the judgment, which shall contain Appellate Division Docket No. 2023-10627 and not Appellate Division Docket No. 2026-01062 on the cover, via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the supplemental record, and uploading a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant in effect, to stay enforcement of the judgment, including the sale of the subject property, is granted and enforcement of the judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeal.

DUFFY, J.P., DOWLING, TAYLOR, and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court