| Bank of America, N.A. v Afflick |
| Motion No: 2015-01218 |
| Slip Opinion No: 2018 NY Slip Op 76860(U) |
| Decided on July 6, 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
M252186
E/afa
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2015-01218, 2017-10185 Bank of America, N.A., respondent, v Willard Afflick, appellant, et al., defendants. (Index No. 20976/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, entered October 29, 2014, and July 26, 2017, respectively, to enlarge the time to serve and file a reply brief with respect to the appeal from the order entered October 29, 2014. Cross motion by the respondent to dismiss the appeal from the order entered October 29, 2014, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment in the above-entitled action on March 30, 2018, and for an award of costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order entered July 26, 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 on the Court's own motion, the notice of appeal from the order entered October 29, 2014, is deemed to be a premature notice of appeal from the judgment entered March 30, 2018, to the extent that the judgment raises issues concerning that order (see CPLR 5520[c]), the record and briefs filed in connection with the order entered October 29, 2014, are deemed to be filed in connection with the judgment, and on or before August 8, 2018, the appellant shall serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the motion is granted, the appellant's time to serve and file a reply brief with respect to the appeal from the order entered October 29, 2014, deemed to be an appeal from the judgment, is enlarged until August 8, 2018, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court