| One West Bank, F.S.B. v Conlin |
| Motion No: 2013-05406 |
| Slip Opinion No: 2014 NY Slip Op 80138(U) |
| Decided on August 11, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M178227
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
BETSY BARROS, JJ.
|
2013-05406, 2014-2990, 2014-07415 One West Bank, F.S.B., respondent, v John Conlin, appellant, et al., defendant. (Index No. 579/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated March 27, 2013, and November 26, 2013, respectively, and a judgment of the same court entered February 28, 2014, to dismiss the appeal from the order dated March 27, 2013, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment.
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 notice of appeal from the order dated November 26, 2013, is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court