Appellate Division: Second Judicial DepartmentM265637

E/mb

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-14851 Wilmington Trust, National Association, etc., respondent, v Robyn Simon, etc., appellant, et al., defendants. (Index No. 26301/08)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 12, 2018. By order to show cause dated July 2, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated September 12, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated January 7, 2019. Motion by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgement brings up for review the order, to deem the appellant's appendix and the parties' briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental appellant's appendix containing the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion is granted, and on or before September 26, 2019, the appellant shall serve and file a supplemental appellant's appendix containing the judgment.

MASTRO, J.P., DILLON, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court