Appellate Division: Second Judicial Department

M201671

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-01244, 2015-01245 Generation Mortgage Company, respondent, v Nelson Medina, appellant, et al., defendants. (Index No. 27317/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Suffolk County, dated June 16, 2014, and June 18, 2014, respectively, on the ground that the right of direct appeal from the orders terminated upon entry of a final judgment of the same court entered August 17, 2015. Cross motion by the appellant to stay enforcement of the final judgment pending hearing and determination of the appeals. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross 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 to be a premature notice of appeal from so much of the judgment as brings up for review the orders (see CPLR 5520[c), and on or before December 24, 2015, the appellant shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the motion and the cross motion are denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 30, 2015, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court