| Wachovia Mortgage FSB v Macwhinnie |
| Motion No: 2016-08837 |
| Slip Opinion No: 2018 NY Slip Op 83855(U) |
| Decided on September 19, 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
M255412
E/mm
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2016-08837, 2016-08839 Wachovia Mortgage FSB, etc., respondent, v John V. Macwhinnie, etc., appellant, et al., defendants. (Index No. 42651/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(c) to deem a notice of appeal from two orders of the Supreme Court, Suffolk County, both dated April 27, 2016, to be a premature notice of appeal from a judgment of the same court dated July 10, 2018, to the extent that the judgment brings the orders up for review, to deem the record and 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.
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 motion is granted, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2016-08837 and not under Appellate Division Docket No. 2016-08839, and on or before October 11, 2018, the appellant shall serve and file a supplemental record containing the judgment.
LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court