Appellate Division: Second Judicial Department

M253202

E/rr

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2015-06680, 2015-06686 2017-02096, 2017-09957 Citimortgage, Inc., respondent, v Edgar G. Lemus, etc., et al., appellants, et al., defendants. (Index No. 59527/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Westchester County, two dated July 21, 2015, and one dated December 19, 2016, on the ground that right of direct appeal therefrom terminated upon entry of judgment on September 1, 2017, in the above-entitled action and to dismiss the appeal from the judgment for failure to timely perfect.

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 dismiss the appeals from the orders on the ground that right of direct appeal therefrom terminated upon entry of the judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment for failure to timely perfect is denied on condition that on or before August 30, 2018, the appellant serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from the judgment; and it is further,

 ORDERED that upon filing the supplemental appellants' appendix, the appeals shall be consolidated, and the appendices and briefs filed in connection with the appeals from the orders shall be deemed also to be filed in connection with the appeal from the judgment.

BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court