Appellate Division: Second Judicial Department

M239759

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ANGELA G. IANNACCI, JJ.

2016-00232, 2016-00235, 2017-03644 Citimortage, Inc., respondent, v Robert M. Wallach, also known as Robert Wallach, also known as Bobby Wallach, appellant, et al., defendants. (Index No. 7508/14)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to consolidate appeals from two orders of the Supreme Court, Nassau County, entered September 21, 2015, and September 22, 2015, respectively, with an appeal from a judgment of the same court entered February 2, 2017, to deem the record and the appellant's brief filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, and, in effect, for leave to serve and file a supplemental record containing the judgment as well as the notice of appeal from the judgment, or, in the alternative, to enlarge the time to perfect the appeal from the judgment.

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

ORDERED that the branch of the motion which is, in effect, to consolidate the appeals, to deem the record and the appellant's brief filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, and, in effect, for leave to serve and file a supplemental record is granted, the appeals are consolidated, the record and the appellant's brief filed in connection with the appeals from the orders are deemed to also be filed in connection with the appeal from the judgment, and on or before December 11, 2017, the appellant shall serve and file a supplemental record containing the judgment as well as the notice of appeal from the judgment; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court