Appellate Division: Second Judicial Department

M256131

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-00683, 2018-03784, 2018-03785 JPMorgan Chase Bank, National Association, respondent, v Shahida Khan, appellant, et al., defendants. (Index No. 4624/13)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, entered October 24, 2016, and December 6, 2017, respectively, and a judgment of the same court entered December 6, 2017, in effect, to consolidate the appeal from the order entered October 24, 2016, with the appeal from the judgment. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to enlarge the time to perfect the appeals from the order entered December 6, 2017, and the judgment.

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

ORDERED that on the Court's own motion, the appeal from the order entered December 6, 2017, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is granted, the appeals from the order entered October 24, 2016, and the judgment are consolidated, the record and briefs filed in connection with the appeal from the order entered October 24, 2016, are deemed also to be filed in connection with the appeal from the judgment, and on or before October 29, 2018, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that the application is denied as academic.

LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court