| Amalgamated Bank v Freue |
| Motion No: 2017-02230 |
| Slip Opinion No: 2019 NY Slip Op 76047(U) |
| Decided on July 25, 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
M264752
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
COLLEEN D. DUFFY, JJ.
|
2017-02230, 2017-02231 Amalgamated Bank, respondent, v Leon Freue, appellant, et al., defendant. (Index No. 506752/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(a) to deem the notice of appeals from two orders of the Supreme Court, Kings County, both dated January 3, 2017, to be a premature notice of appeal from a judgment of the same court dated November 16, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-02230 and not Appellate Division Docket No. 2017-02231, the record and briefs filed in connection with the appeals from the orders shall be deemed to be filed in connection with the appeal from the judgment, and on or before August 26, 2019, the parties shall correct the covers of the record and their respective briefs to delete Appellate Division Docket No. 2017-02231, and the appellant shall serve and file a supplemental record containing the judgment.
DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court