| PNC Bank, National Association v Rodriguez |
| Motion No: 2013-11360 |
| Slip Opinion No: 2014 NY Slip Op 87108(U) |
| Decided on October 21, 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
M181573
E/sl
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2013-11360, 2014-04396, 2014-08892 PNC Bank, National Association, etc., respondent, v Cirilo Rodriguez, appellant, et al., defendants. (Index No. 12-61878)
| DECISION & ORDER ON MOTION |
Appeals by Cirilo Rodriguez from two orders of the Supreme Court, Westchester County, dated September 24, 2013, and March 17, 2014, respectively, and a judgment of the same court dated July 14, 2014. By order to show cause dated August 26, 2014, the parties were directed to show cause before this Court why the appeals from the orders should or should not be dismissed on the ground that the right of direct appeal from the orders terminated with entry of the judgment in the above-entitled action. Application by the appellant, in effect, to consolidate the appeals from the orders with the appeal from the judgment, and to limit the issues raised on the appeal from the judgment to the issues raised on the appeals from the orders. Separate application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the appellant's application is granted, the appeals are consolidated, the issues raised on the appeal from the judgment are limited to the issues raised on the appeals from the orders, and on or before November 12, 2014, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,
ORDERED that the respondent's application is granted, the respondent's time to serve and file a brief is enlarged until December 12, 2014, and the respondent's brief must be served and filed on or before that date.
DICKERSON, J.P., LEVENTHAL, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court