Motion List released on: November 26, 2019
By Rivera, J.P. Andrew S. Taylor, ap, v. Vincent J. Nicosia, res — Appeals from an order of the Supreme Court, Nassau County, dated August 2, 2018, and a judgment of the same court dated August 24, 2018. On the Court’s own motion, it is ORDERED that the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are also deemed to be filed in connection with the appeal from the judgment, and on or before December 17, 2019, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, and the parties shall correct the covers of the copies of the record and briefs filed with the Clerk of the Court to add Appellate Division Docket No. 2018-11671 and serve and file replacement digital copies of the record and briefs which contain, on the covers, the Appellate Division Docket Numbers for both appeals. RIVERA, J.P., BALKIN, ROMAN and BARROS, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. Wetvue NPL Trust II, res, v. Hin Y. Lim Tung, appellant def — Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 22, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. McCormick 110, LLC, res, v. Joseph Gordon ap, et al., def — Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 27, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. Wells Fargo Bank, N.A., res, v. Michael Martone ap — Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 6, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. Bank of New York Mellon, etc., res, v. Andrea Konsky appellants def — Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 27, 2019. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. Rufus E. Lyons ap, v. Joshua Tsadyk res — Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered September 23, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. H. I., res, v. S. I., ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated July 26, 2019, pending hearing and determination of an appeal therefrom. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Rivera, J.P.; Maltese, Connolly and Brathwaite Nelson, JJ. HSBC Bank USA, National Association, etc., res, v. Cheryl DiBenedetti ap, et al., def — 2019-10054 HSBC Bank USA, National Association, etc., respondent, v. Cheryl DiBenedetti appellants, et al., defendants. (Index No. 61153/14) Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, both dated January 30, 2018, and a judgment of the same court dated July 26, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that on the Court’s own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), by filing an original hard copy of an affirmation or an affidavit on that issue in the office of the Clerk of this Court and by electronically filing a digital copy of the same under Appellate Division Docket No. 2019-10054, on or before December 17, 2019, or, if the appellant be so advised, by making a motion, on or before December 17, 2019, for any relief deemed appropriate; and it is further, ORDERED that the appellants’ motion is held in abeyance in the interim; and it is further, ORDERED that service of this order to show cause upon the parties to the appeal will be effected by uploading a copy of this order to show cause to the New York State Courts Electronic Filing System. RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. By Scheinkman, P.J.; Cohen, Lasalle and Connolly, JJ. Maadia Monet Bunch, etc. res, v. Garfield A. Gwood, def, Roberto A. Venditti, etc. ap — Motion by the appellants to extend the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 13, 2018. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the appellants’ time to perfect the appeal is extended until December 17, 2019, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date; and it is further, ORDERED that no further extension of time shall be granted. SCHEINKMAN, P.J., COHEN, LASALLE and CONNOLLY, JJ., concur. By Scheinkman, P.J.; Cohen, Lasalle and Connolly, JJ. Wells Fargo Bank, N.A., res, v. Robert Guglielmo ap, et al., def — Motion by the appellants to extend the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Nassau County, both entered April 25, 2018, and, in effect, for leave to serve and file a supplemental appellants’ appendix. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellants’ time to serve and file a reply brief is extended until December 17, 2019, and the reply brief shall be served and filed on or before that date; and it is further, ORDERED that no further extension of time shall be granted; and it is further, ORDERED that the motion is otherwise denied. SCHEINKMAN, P.J., COHEN, LASALLE and CONNOLLY, JJ., concur. By Scheinkman, P.J.; Cohen, Lasalle and Connolly, JJ. Vassilios Handakas, ap, v. Lola Handakas, res — Motion by the appellant to extend the time to serve and file a reply brief on appeals from an order of the Supreme Court, Nassau County, dated April 4, 2018, four money judgments of the same court, all entered April 10, 2018, and an amended judgment of the same court entered April 10, 2018. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the appellant’s time to serve and file a reply brief is extended until December 17, 2019, and the reply brief shall be served and filed on or before that date; and it is further, ORDERED that no further extension of time shall be granted SCHEINKMAN, P.J., COHEN, LASALLE and CONNOLLY, JJ., concur. By Dillon, J.P.; Leventhal, Hinds-Radix and Lasalle, JJ. Vehifax Corp., res, v. Steven Georgilis, ap, et al., def — Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated July 31, 2017, pending hearing and determination of an appeal therefrom. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.
