Appellate Division: Second Judicial Department

M251933

E/afa

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2016-09963 Emigrant Bank, etc., respondent, v Richard P. Wade, appellant, et al., defendants. (Index No. 14599/13)

DECISION & ORDER ON MOTION

2018-02708

Emigrant Bank, etc., respondent,

v Richard P. Wade, appellant, et al.,

defendants.

(Index No. 14599/13)

Motion by the appellant to consolidate appeals from an order of the Supreme Court, Kings County, dated June 20, 2016, and a judgment of the same court dated December 5, 2017, to deem the record and briefs filed in connection with the order to be also filed in connection with the appeal from judgment, to deem the appellant's appendix containing the judgment and notice of appeal from the judgment to be a supplemental record filed in connection with the appeals, and, in effect, to confirm that the appeal from the judgment was timely perfected as a condition of the stay granted by a decision and order on motion of this Court dated April 4, 2018, 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 branches of the motion which are to consolidate the appeals from the order and the judgment, to deem the record and briefs filed in connection with the order to be also filed in connection with the appeal from the judgment, to deem the appellant's appendix containing the judgment and notice of appeal from the judgment to be a supplemental record filed in connection with the appeals, and, in effect, to confirm that the appeal from the judgment was timely perfected as a condition of the stay are granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is denied as academic.

MASTRO, J.P., SGROI, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court