Bank of America, N.A. v Cord
Motion No: 2015-10823
Slip Opinion No: 2018 NY Slip Op 69722(U)
Decided on April 13, 2018
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

M248800

E/afa

SHERI S. ROMAN, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2015-10823, 2015-11332,

2017-09977, 2017-09978

Bank of America, N.A., plaintiff-respondent,

v Barry S. Cord, etc., appellant, 19 East 80th

Street Associates, LLC, defendant-respondents,

et al., defendants.

(Index No. 2192/14)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to consolidate appeals from two orders of the Supreme Court, Dutchess County, both dated September 14, 2015, with appeals from an order and a judgment of the same court dated July 10, 2017, and July 11, 2017, respectively, to deem the record and briefs filed in connection with the appeals from the orders dated September 14, 2015, to be filed in connection with the appeals from the order dated July 10, 2017, and the judgment, for leave to serve and file a supplemental brief raising additional issues in connection with the appeals from the order dated July 10, 2017, and the judgment, and a supplemental record containing the order dated July 10, 2017, the judgment, the notices of appeal from order dated July 10, 2017, and the judgment, and any additional papers constituting the record for the appeals from the order dated July 10, 2017, and the judgment which are not contained in the record filed in connection with the appeals from the orders dated September 14, 2015. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals from the order dated July 10, 2017, and the judgment.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the application are granted, the appeals are consolidated, and on or before May 14, 2018, the appellant shall serve and file a supplemental brief raising additional issues in connection with the appeals from the order dated July 10, 2017, and the judgment, and a supplemental record containing the order dated July 10, 2017, the judgment, the notices of appeal from order dated July 10, 2017, and the judgment, and any additional papers constituting the record for the appeals from order dated July 10, 2017, and the judgment which are not contained in the record filed in connection with the appeals from the orders dated September 14, 2015.

ROMAN, J.P., SGROI, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court