Appellate Division: Second Judicial Department

M259899

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2018-06698, 2018-06699 Caliber Home Loans, Inc., respondent, v Victor Estrada, appellant, et al., defendants. (Index No. 6161/16)

DECISION & ORDER ON MOTION

2018-14703

Caliber Home Loans, Inc., respondent,

v Victor Estrada, appellant, et al., defendants.

(Index No. 6161/16)

Appeals from two orders of the Supreme Court, Nassau County, both entered December 18, 2017, and an order and judgment (one paper) of the same court entered September 11, 2018. By order to show cause dated December 3, 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 order and judgment. Motion by the appellants to deem the notice of appeal timely served and filed nunc pro tunc, to consolidate the appeals from the orders with the appeal from the order and judgment, and to extend the time to perfect the appeals from the orders.

Now, upon the order to show cause and no papers having been 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 relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted and the appeals from the orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); the issues raised on the appeals from the orders may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the branch of the appellant's motion which is to deem the notice of appeal timely served and filed nunc pro tunc is denied; and it is further,

ORDERED that the appellant's motion is otherwise denied as academic.

RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court