| HSBC Bank, USA, National Association v Gilbert |
| Motion No: 2017-06750 |
| Slip Opinion No: 2019 NY Slip Op 77424(U) |
| Decided on August 14, 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
M265218
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-06750, 2017-11653, 2017-11654, 2017-11655, 2018-07196 HSBC Bank, USA, National Association, etc., respondent, v Arlene Gilbert, et al., appellants, et al., defendants.
(Index No. 9436/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Dutchess County, dated April 3, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to consolidate that appeal with appeals from four orders of the same court dated December 14, 2016, April 17, 2017, and September 14, 2017 (two orders), respectively, to deem the appellant's appendix and the parties' briefs filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from the judgment, and to stay the sale of the subject premises and to stay the referee, or anyone acting on his behalf, inter alia, from transferring title to the subject premises, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, to consolidate the appeals, to deem the appellants' appendix and the parties' briefs filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from the judgment are granted, the dismissal of the appeal from the judgment is vacated, and on or before September 16, 2019, the appellants shall serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from the judgment and the parties shall correct the covers of their respective appendix and briefs filed with the Clerk of the Court to add Appellate Division Docket No. 2018-07196; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court