Appellate Division: Second Judicial Department

M40208

S/nal

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-01811, 2006-05018 Comerica Bank, N.A., etc., et al., respondents- appellants, v Elena Duke Benedict, appellant- respondent, Summit Bank Development Options, Inc., et al., defendants. (Index No. 7808/01)

DECISION & ORDER ON MOTION

Appeal by the defendant Elena Duke Benedict from a judgment of the Supreme Court, Westchester County, dated April 19, 2006, and appeal by the plaintiffs from a separate judgment of the same court dated February 14, 2006.

Now, on the court's own motion, it is

ORDERED that the notice of appeal by Elena Duke Benedict from a decision of the Supreme Court, Westchester County, dated January 20, 2006, is deemed to be a premature notice of appeal from the judgment dated April 19, 2006 (see CPLR 5520[c]); and it is further,

ORDERED that on or before June 16, 2006, the parties shall (1) serve and file a supplemental joint appendix containing the judgments dated February 14, 2006, and April 19, 2006, and the plaintiffs notice of appeal from the judgment dated February 14, 2006, and (2) correct the copies of the appendix and brief on file with the Clerk of this court to properly reflect the parties appellate status and to add Appellate Division Docket No. 2006-05018; and it is further,

ORDERED that the appellant-respondent shall serve and file her reply brief on or before July 3, 2006, and the respondents-appellants shall serve and file their reply brief, if any, on or before July 18, 2006.

LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court