Appellate Division: Second Judicial Department

M255047

E/mmMARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-00531 JPMorgan Chase Bank, N.A., respondent, v Patrick Williams, etc., appellant, et al., defendant. (Index No. 4073/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2016, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court in the above-entitled action on August 14, 2017, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 to the extent that the judgment brings up for review the order (see CPLR 5520[c]), the record and the appellant's brief filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before October 1, 2018, the appellant shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 31, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court