Appellate Division: Second Judicial Department

M241224

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2016-09345, 2016-12044 Bayport Funding, LLC, appellant, v 349351 Central, LLC, respondent, et al., defendant. (Index No. 4509/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 16, 2016, on the ground, in effect, that the order was superseded by an order of the same court entered September 1, 2016, and to dismiss the appeal from the order entered September 1, 2016, for failure to timely perfect.

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

ORDERED that on the Court's own motion, the appeals are consolidated, the record and briefs filed in connection with the order entered August 16, 2016, are deemed to be filed in connection with the order entered September 1, 2016, and on or before December 15, 2017, the appellant shall serve and file a supplemental record containing the order entered September 1, 2016, and the notice of appeal from that order; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order entered August 16, 2016, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order entered September 1, 2016, is denied.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court