Appellate Division: Second Judicial Department

M252377

E/mm

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2016-09286 Citimortgage, Inc., etc., respondent, v Alan Heyman, appellant, et al., defendants. (Index No. 69666/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated July 25, 2016, on the ground that the right of direct appeal terminated upon entry of a judgment of the same court dated February 22, 2018, in the above-entitled action or, in the alternative, to deem the notice of appeal from the order to be a notice of appeal from the judgment.

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

ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a notice of appeal from the judgment is dismissed on the ground that the movant does not have standing to seek this relief; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), to the extent that the judgment brings up for review the issues raised in the appeal from the order, and on or before August 13, 2018, the appellant shall serve and file a supplemental record containing the judgment;

ORDERED that in the event that the appellant fails to file the supplemental record containing the judgment on or before August 13, 2018, as set forth above, the appeal may be dismissed, without further notice; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court