Appellate Division: Second Judicial Department

M228087

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-05482 HSBC Bank USA, N.A., etc., respondent, v Jocelyn Jean, appellant, et al., defendants. (Index No. 10434/12)

DECISION & ORDER ON MOTION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 12, 2016. By order to show cause dated December 21, 2016, inter alia, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment of the Supreme Court, Suffolk County, dated April 12, 2016, and the application was held in abeyance in the interim. Motion by the appellant pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and to limit the issues raised on the appeal from the judgment to the issues raised in the briefs filed in connection with the appeal from the order.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is granted, pursuant to CPLR 5512(a), the notice of appeal from the order is deemed to be a notice of appeal from the judgment to the extent that the judgment brings up for review the order, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and the issues raised on the appeal from the judgment are limited to the issues raised in the briefs filed in connection with the appeal from the order; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until April 24, 2017, and the respondent's brief must be served and filed on or before that date.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court