Opinion
Motion Nos. 2022-07347 2022-07983 Index No. 706090/2021
02-03-2023
Efstathios Valiotis, respondent, v. Demetrios Bekas, etc., appellant, et al., defendants. Efstathios Valiotis, respondent, v. Demetrios Bekas, etc., appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
BETSY BARROS, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Queens County, dated June 27, 2022, and a judgment of the same court dated September 7, 2022. Motion by the appellant pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix on the appeal from the order. Separate motion by the appellant to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject property, pending hearing and determination of the appeal from the order. Separate motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject property, pending hearing and determination of the appeals from the order and the judgment. Cross motion by the respondent 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 judgment (see Matter of Aho, 39 N.Y.2d 241). Application by the appellant to extend the time to perfect the appeals.
Upon the papers filed in support of the motion to waive certification of the appellant's appendix on the appeal from the order and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the separate motions, inter alia, to stay all proceedings in the above-entitled action and the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241); and it is further, ORDERED that the motion by the appellant pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix on the appeal from the order, the motion by the appellant to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject property, pending hearing and determination of the appeal from the order, the branch of the motion by the appellant which is, inter alia, to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject property, pending hearing and determination of the appeal from the order, and the branch of the application which is to extend the time to perfect the appeal from the order, are denied as academic; and it is further, ORDERED that the branch of the motion by the appellant which is, inter alia, to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject property, pending hearing and determination of the appeal from the judgment is denied; and it is further, ORDERED that the branch of the application which is to extend the time to perfect the appeal from the judgment is denied as premature.
BARROS, J.P., CHAMBERS, MALTESE and DOWLING, JJ., concur.