Appellate Division: Second Judicial Department

M261398

E/mm

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-03006, 2018-03007 Wells Fargo Bank, NA, respondent, v Veronica Benitez, etc., appellant, et al., defendants. (Index No. 15433/13)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated December 10, 2017, and December 11, 2017, respectively. By order to show cause dated February 22, 2019, 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 from the orders dated December 10, 2017, and December 11, 2017, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated November 20, 2018.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the orders is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, on or before April 17, 2019, the appellant shall serve and file a supplemental record containing the judgment, and the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-03006 and not under Appellate Division Docket No. 2018-03007; and it is further,

ORDERED that the motion to dismiss the appeals is denied.

RIVERA, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court