Motion List released on: October 1, 2019
By Dillon, J.P.; Maltese, Duffy and Barros, JJ. PennyMac Corp., res, v. Raymond Sellitti, etc., ap — Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered March 15, 2019, in effect, to stay enforcement of an order and judgment (one paper) of the same court also entered March 15, 2019, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order. By order to show cause dated July 2, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment and the appellant’s motion was held in abeyance in the interim. Separate motion by the appellant, inter alia, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the order and judgment. Upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion, in effect, to stay enforcement of the order and judgment and to stay the foreclosure sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the order and judgment and no papers having been filed in opposition or in relation thereto, it is ORDERED that the appellant’s motion, inter alia, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the order and judgment is granted to the extent that the notice of appeal from the order is deemed to be a notice of appeal from the order and judgment, and the motion is otherwise denied as unnecessary; and it is further, ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that the appellant’s motion, in effect, to stay enforcement of the order and judgment and to stay the foreclosure sale of the subject premises is granted, and enforcement of the order and judgment and the foreclosure sale of the subject premises are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 18, 2019; and it is further, ORDERED that in the event the appeal is not perfected on or before October 18, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice. DILLON, J.P., MALTESE, DUFFY and BARROS, JJ., concur.
