Emigrant Bank, formerly known as Emigrant Savings Bank v Wang Real
Motion No: 2016-05648
Slip Opinion No: 2017 NY Slip Op 77024(U)
Decided on June 15, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M232960

E/afa

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-05648

Emigrant Bank, formerly known as Emigrant

Savings Bank, plaintiff-respondent, v Wang Real

Property, LLC, et al., appellants, Jon Hon, et al.,

defendants-respondents, et al., defendants;

41st Road Properties, LLC, nonparty-respondent.

(Index No. 704061/14)

DECISION & ORDER ON MOTION

2016-12461

41st Road Properties, LLC, respondent,

v Wang Real Property, LLC, et al., appellants,

et al., defendants.

(Index No. 704061/14)

2017-04205

41st Road Properties, LLC, respondent,

v Wang Real Property, LLC, et al., appellants,

et al., defendants.

(Index No. 704061/14)

Separate motions by 41st Road Properties, LLC, on appeals from two orders of the Supreme Court, Queens County, entered May 18, 2016, and November 30, 2016, and a judgment of the same court entered April 19, 2017, to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgment in the above-entitled action.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

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; 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 date; and it is further,

ORDERED that on the Court's own motion, the appellants shall perfect the appeal from the judgment on or before September 1, 2017, or, if so advised, move to deem the record and briefs filed in connection with the appeal from the order entered November 30, 2016, to also be the record and briefs filed in connection with the appeal from the judgment and for leave to serve and file a supplemental record containing the judgment and notice of appeal from the judgment.

ENG, P.J., AUSTIN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court