| Wells Fargo Bank, N.A. v Burke |
| Motion No: 2016-10638 |
| Slip Opinion No: 2018 NY Slip Op 77718(U) |
| Decided on July 13, 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
M252476
E/mm
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-10638, 2016-10639 Wells Fargo Bank, N.A., respondent, v Brian Burke, et al., defendants, Lisa Burke, appellant. (Index No. 11403/11)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Suffolk County, both dated May 25, 2016. By order to show cause dated May 22, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, entered December 20, 2016 (see Matter of Aho, 39 NY2d 241). Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties' briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.
Now, upon the order to show cause and no papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals is denied; and it is further,
ORDERED that the appellant's motion is granted, the notice of appeal from the orders is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, the record and the parties' briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2016-10638 and not under Appellate Division Docket No. 2016-10639, and on or before August 15, 2018, the appellant shall serve and file a supplemental record containing the judgment.
MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court