Appellate Division: Second Judicial Department

M251977

E/afa

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-01107 North Shore Investors Realty Group, LLC, respondent, v Steven J. Traina, et al., appellants. (Index No. 609050/15)

DECISION & ORDER ON MOTION

2017-08044

North Shore Investors Realty Group, LLC,

respondent, v Steven J. Traina, et al.,

appellants.

(Index No. 609050/15)

2018-05094

North Shore Investors Realty Group, LLC,

respondent, v Steven J. Traina, et al.,

appellants.

(Index No. 609050/15)

Appeals from two orders of the Supreme Court, Suffolk County, dated January 15, 2016, and April 5, 2017, respectively. By order to show cause dated May 4, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing those appeals on the ground that the right of direct appeal from those orders terminated upon entry of a judgment of the same court entered December 13, 2017, in the above-entitled action. Motion by the appellants, inter alia, in effect, to deem the notice of appeal from the order dated January 15, 2016, to be a premature notice of appeal from the judgment, to deem the record and briefs filed in connection with the appeal from that order to be filed in connection with the appeal from the judgment, to limit the issues to be raised on the appeal from the judgment to the issues raised in connection with the appeal from that order, and to stay enforcement of the judgment, the foreclosure sale of the subject premises, and all proceedings in the above-entitled action, pending hearing and determination of the appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is

ORDERED that this Court's motion to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgment is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated April 5, 2017, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the appellants' motion which is, in effect, to deem the notice of appeal from the order dated January 15, 2016, to be a premature notice of appeal from the judgment, to deem the record and briefs filed in connection with the appeal from that order to be filed in connection with the appeal from the judgment, and to limit the issues to be raised on the appeal from the judgment to the issues raised in connection with the appeal from that order is granted; and it is further,

ORDERED that the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-05094 and not under Appellate Division Docket No. 2016-01107; and it is further,

ORDERED that on or before August 2, 2018, the appellants shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the appellants' motion is otherwise denied.

MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court