Appellate Division: Second Judicial Department

M197372

J/ct

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-07428, 2014-07429, 2015-07564 Citimortgage, Inc., respondent, v Aaron Klein, appellant, et al., defendants. (Index No. 33174/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 14, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Rockland County, both dated May 23, 2014, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment in the above-entitled action of the same court dated March 2, 2015. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the orders 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, on or before August 28, 2015, the appellant shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until September 10, 2015, and the reply brief must be served and filed on or before that date.

BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court