| U.S. Bank National Association v Singer |
| Motion No: 2016-12363 |
| Slip Opinion No: 2018 NY Slip Op 74418(U) |
| Decided on June 7, 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. |
Appellate Division: Second Judicial Department
M251045
E/afa
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
HECTOR D. LASALLE
LINDA CHRISTOPHER, JJ.
|
2016-12363, 2018-02247 U.S. Bank National Association, etc., respondent, v Joseph Singer, et al., appellants, et al., defendants. (Index No. 501886/15)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Kings County, dated September 21, 2016, and a judgment of the same court entered December 11, 2017. By order to show cause dated March 28, 2018, as amended March 29, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated September 21, 2016, on the ground that the right of direct appeal from the order terminated upon entry of the judgment. Motion by the appellants to consolidate the appeals and for leave to serve and file a supplemental record and brief raising issues concerning an order of the Supreme Court, Kings County, dated March 20, 2017.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellants' motion is granted, and on or before July 9, 2018, the appellants shall serve and file a supplemental record containing the judgment, the notice of appeal from the judgment, the order dated March 20, 2017, and any papers filed in connection with the motion that was determined by the order dated March 20, 2017, which are not contained in the record filed in connection with the appeal from the order dated September 21, 2016, as well as the supplemental brief raising issues concerning the order dated March 20, 2017; and it is further,
ORDERED that the motion to dismiss the appeal from the order dated September 21, 2016, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court