Appellate Division: Second Judicial Department

M258707

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-06962, 2017-06965, 2017-06966 Wells Fargo Bank, National Association, plaintiff, v Douglas P. Bedry, et al., appellants, et al., defendants; U.S. Bank N.A., etc., nonparty- respondent. (Index No. 22120/10)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Suffolk County, dated July 23, 2014, August 25, 2015, and April 5, 2017, respectively. By order to show cause dated October 19, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry of the judgment. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties' 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.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is granted, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-06962 and not under Appellate Division Docket Nos. 2017-06965 and 2017-06966, and on or before January 18, 2019, the appellant shall serve and file a supplemental record containing the judgment.

LEVENTHAL, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court