| HSBC Bank USA, National Association v Cherestal |
| Motion No: 2016-11838 |
| Slip Opinion No: 2019 NY Slip Op 65616(U) |
| Decided on March 18, 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. |
Appellate Division: Second Judicial Department
M260974
E/mm
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2016-11838, 2018-07536 HSBC Bank USA, National Association, etc., respondent, v Antoine Y. Cherestal, appellant, et al., defendants. (Index No. 511359/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Kings County, dated September 6, 2016, and March 27, 2018, in effect, to deem the record and briefs filed in connection with the appeal from the order dated September 6, 2016, to also be filed in connection with the appeal from the order dated March 27, 2018, and for leave to serve and file a supplemental record and brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated March 27, 2018, is deemed to be a notice of appeal from an order and judgment (one paper) of the same court also dated March 27, 2018 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is granted, the appeals from the order dated September 6, 2016, and the order and judgment are consolidated, the record and briefs filed in connection with the appeal from the order dated September 6, 2016, are deemed to also be filed in connection with the appeal from the order and judgment, and on or before April 15, 2019, the appellant shall serve and file a supplemental record containing the order dated March 27, 2018, the notice of appeal from the order dated March 27, 2018, the order and judgment, and any papers constituting the record for the appeal from the order and judgment that are not contained in the record filed in connection with the appeal from the order dated September 6, 2016, and a supplemental brief raising points of argument in connection with the appeal from the order and judgment dated March 27, 2018, and correct the covers of the record and briefs filed in connection with the appeal from the order dated September 6, 2016, to add Appellate Division Docket No. 2018-07536.
AUSTIN, J.P., ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court