Appellate Division: Second Judicial Department

M249072

E/sl

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2016-07201 Bank of America, N.A., respondent, v Philicia Lloyd, appellant, et al., defendants. (Index No. 507548/13)

DECISION & ORDER ON MOTION

2017-06160

Bank of America, N.A., respondent,

v Philicia Lloyd, appellant, et al., defendants.

(Index No. 507548/13)

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 3, 2016, on the ground that the right of direct appeal from the order terminated upon entry of a judgment dated May 3, 2017, in the above-entitled action, and to dismiss the appeal from the judgment for failure to timely perfect.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing that 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 judgment is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment is enlarged until May 23, 2018, and the record or appendix on that appeal and the appellant's brief shall be served and filed on or before that date, or, if the appellant be so advised, make a motion on or before May 23, 2018, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order to be 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.

CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court