Appellate Division: Second Judicial Department

M257068

E/afa

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

Appeals from three orders of the Supreme Court, Westchester County, two dated July 21, 2015, and one dated December 19, 2016, and a judgment of the same court entered September 1, 2017, in the above-entitled action and to dismiss the appeal from the judgment for failure to timely perfect. By decision and order on motion dated August 2, 2018, this Court, inter alia, denied the branch of the respondent's motion which was to dismiss the appeal from the judgment for failure to timely perfect on condition that the appellant serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from the judgment on or before August 30, 2018, and held in abeyance the branch of the respondent's motion which was to dismiss the appeals from the orders on the ground that right of direct appeal therefrom terminated upon entry of the judgment, and directed that the appeals would be consolidated upon the filing the supplemental appellants' appendix. The appellant has failed to serve and file the supplemental appellants' appendix containing the judgment and the notice of appeal from the judgment.

Now, on the Court's own motion, it is

ORDERED that the branches of the respondent's motion which are to dismiss the appeals from the judgment and the orders are granted and the appeals are dismissed, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court