| BAC Home Loans Servicing, LP, formerly known as Countrywide Home |
| Motion No: 2016-03824 |
| Slip Opinion No: 2017 NY Slip Op 81864(U) |
| Decided on August 4, 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. |
Appellate Division: Second Judicial Department
M235471
E/ct
JOHN M. LEVENTHAL, J.P.
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2016-03824 BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, L.P., plaintiff-respondent, v Semyon Chertov, appellant, et al., defendants; Bank of America, N.A., nonparty-respondent. (Index No. 10434/12)
| DECISION & ORDER ON MOTION |
Appeal by Semyon Chertov from an order of the Supreme Court, Richmond County, dated May 9, 2014. By order to show cause dated May 2, 2017, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Richmond County, dated July 21, 2016. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings the order up for review, to deem the appellant's appendix and appellant's brief filed in connection with the appeal from the order to be filed in connection with 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.
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 papers filed in opposition 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, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings the order up for review, the appellant's appendix and appellant's brief filed in connection with the appeal from the order are deemed to be filed in connection with the judgment, the issues raised on the appeal from the judgment are limited to the issues raised in the brief filed in connection with the appeal from the order, and on or before August 25, 2017, the appellant shall serve and file a supplemental appendix containing the judgment.
LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court