| GMAC Mortgage, LLC v Foy |
| Motion No: 2016-08532 |
| Slip Opinion No: 2019 NY Slip Op 75904(U) |
| Decided on July 23, 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
M264345
J/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2016-08532
GMAC Mortgage, LLC, respondent, v Adrienne Foy, et al., defendants, David Foy, appellant. (Index No. 6176/12)
| DECISION & ORDER ON MOTION |
2019-04044, 2019-04045
GMAC Mortgage, LLC, respondent,
v Adrienne Foy, et al., appellants,
et al., defendants.
(Index No. 6176/12)
Motion by Adrienne Foy and David Foy on an appeal by David Foy from an order of the Supreme Court, Nassau County, entered May 10, 2016, inter alia, to deem the record and briefs filed in connection with that appeal to be filed in connection with appeals by Adrienne Foy and David Foy from a decision of the same court entered December 18, 2018, and an order and judgment (one paper) of the same court entered December 18, 2018, in effect, for leave for Adrienne Foy to adopt the briefs that were filed by David Foy in connection with the appeal from the order, and for leave to serve and file a supplemental record containing the order and judgment, and the notice of appeal from the order and judgment.
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 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, Adrienne Foy is deemed to have adopted the briefs that were filed by David Foy in connection with the appeal from the order and, on or before August 13, 2019, the parties shall correct the covers of the record and their respective briefs to reflect that they are also filed in connection with the appeal from the order and judgment, and the movants shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment; and it is further,
ORDERED that the motion is otherwise denied as unnecessary.
RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court