Opinion
Motion Nos. 2018-08065 2019-00777 Index No. 13100/2009
06-27-2022
HSBC Bank USA, N.A., etc., plaintiff-respondent, v. Beverly Watson, defendant-respondent, Michael Watson, appellant.
Unpublished Opinion
MOTION DECISION
BETSY BARROS, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Nassau County, entered March 9, 2018, and October 24, 2018, respectively. By order to show cause dated December 17, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered March 9, 2018, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court, entered March 9, 2018. Motion by the appellant to deem the notice of appeal from the order entered March 9, 2018, to be a notice of appeal from the judgment of the Supreme Court, Nassau County, entered March 9, 2018, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is to deem the notice of appeal from the order entered March 9, 2018, to be a notice of appeal from the judgment is granted and the notice of appeal from the order entered March 9, 2018, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further, ORDERED that on or before July 27, 2022, the appellant shall serve and file a supplemental record containing the judgment with notice of entry, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload 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 to dismiss the appeal from the order entered March 9, 2018, is denied; and it is further, ORDERED that the branch of the appellant's motion which is to stay the foreclosure sale of the subject premises is denied.
BARROS, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.