Bank of America, N.A. v Sebrow
Motion No: 2016-11034
Slip Opinion No: 2019 NY Slip Op 62340(U)
Decided on February 6, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259882

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2016-11034, 2018-13274

Bank of America, N.A., respondent,

v Avrohom Sebrow, appellant, et al.,

defendants.

(Index No. 705798/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 15, 2016, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered September 28, 2018, or, in the alternative, for leave to correct its brief. Cross motion by the appellant, in effect, to consolidate the appeal from the order with an appeal from the judgment, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental record, and to impose a sanction upon the respondent.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branches of the cross motion which are, in effect, to consolidate the appeals, to deem the record and briefs 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 are granted and on or before February 27, 2019, 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 cross motion is otherwise denied.

RIVERA, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court