Appellate Division: Second Judicial Department

M264720

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2018-05931, 2018-06106 BHMPW Funding, LLC, respondent, v Janett Lloyd-Lewis, etc., et al., appellants, et al., defendants. (Index No. 502456/17)

DECISION & ORDER ON MOTION

2019-06632

BHMPW Funding, LLC, respondent,

v Janett Lloyd-Lewis, etc., et al., appellants,

et al., defendants.

(Index No. 502456/17)

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, both dated March 9, 2018, and a judgment of the same court dated February 21, 2019, to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted and the appeals from the orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, the joint record and the briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before September 5, 2019, the parties shall correct the covers of the joint record and their briefs filed with the Clerk of this Court to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2019-06632 and file digital copies of the joint record and their briefs that contain the corrected covers, the appellants shall serve and file a supplemental joint record containing the judgment, the notice of appeal from the judgment, and any papers constituting the record for the appeals from the judgment which are not contained in the joint record, the appellant Janett Lloyd-Lewis shall serve and file a supplemental brief raising her points of argument on her appeal from the judgment that are not contained in the brief originally filed in connection with the appeals from the orders, and the appellant P & Q Realty, Inc., shall serve and file a brief containing its points of argument in connection with its appeal from the judgment; and it is further,

ORDERED that on or before October 10, 2019, the respondent shall serve and file a brief responding to the points of argument contained in the supplemental brief filed by the appellant Janett Lloyd-Lewis and the brief filed by the appellant P & Q Realty, Inc., or, if so advised, a replacement brief responding to all of the briefs filed by the appellants.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court