Appellate Division: Second Judicial Department

M260832

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-02491 Wells Fargo Bank, National Association, etc., respondent, v Simon Harrison, et al., appellants, et al., defendants. (Index No. 69968/14)

DECISION & ORDER ON MOTION

2018-12056

Wells Fargo Bank, National Association,

etc., respondent, v Simon Harrison, et al.,

appellants, et al., defendants.

(Index No. 69968/14)

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 27, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of an order and judgment (one paper) of the same court in the above-entitled action on August 8, 2018, or, in the alternative, to extend the time to serve and file a brief in connection with that appeal, and to dismiss the appeal from the order and judgment as untimely taken or on the ground that no appeal lies from a judgment entered upon the default of the appealing party.

Upon the papers filed in support of the 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 granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the order and judgment; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order and judgment is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment is extended until April 8, 2019.

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

ENTER:

Aprilanne Agostino

Clerk of the Court