| U.S. Bank National Association v Krakoff |
| Motion No: 2018-06956 |
| Slip Opinion No: 2019 NY Slip Op 75742(U) |
| Decided on July 19, 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
M264510
E/mm
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2018-06956, 2019-02466, 2019-02467 U.S. Bank National Association, etc., respondent, v Michael Krakoff, et al., appellants, et al., defendants. (Index No. 3456/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate an appeal from an order of the Supreme Court, Nassau County, entered April 6, 2018, with appeals from an order and judgment (one paper) and a decision of the same court, both entered December 18, 2018.
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 appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is granted to the extent that the appeals from the order entered April 6, 2018, and the order and judgment entered December 18, 2018, are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, and on or before August 19, 2019, the appellants shall correct the copies of the record, the appellant's brief, and the appellant's reply brief filed with the Clerk of the Court to add Appellate Division Docket No. 2019-02466, the appellant shall file a digital copy of the reply brief which contains the corrected cover, the respondent shall correct the copies of the respondent's brief filed with the Clerk of the Court to add Appellate Division Docket No. 2019-02466, the respondent shall file a digital copy of the respondent's brief which contains the corrected cover, and the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, and the motion is otherwise denied as academic.
RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court