Appellate Division: Second Judicial Department

M259641

E/sl

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-05130 U.S. Bank National Association, etc., respondent, v Barbara Hammer, appellant, et al., defendants. (Index No. 65859/15)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of appeal from an order of the Supreme Court, Westchester County, dated March 27, 2018, to be a premature notice of appeal from a judgment of the same court entered October 22, 2018, to the extent that the judgment brings the order up for review, to deem the record and briefs which were filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment. Separate motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment.

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

ORDERED that the appellant's motion is granted, 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 the order up for review (see CPLR 5520[c]), the record and briefs which were 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 March 4, 2019, the appellant shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the respondent's motion is denied as academic.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court