Appellate Division: Second Judicial Department

M266057

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-10541, 2018-10542 U.S. Bank National Association, etc., respondent, v Hye Jin Kim, appellant, et al., defendants. (Index No. 10769/15)

DECISION & ORDER ON MOTION

2019-04475, 2019-04476

U.S. Bank National Association, etc., respondent,

v Hye Jin Kim, appellant, et al., defendants.

(Index No. 10769/15)

Appeals from three orders of the Supreme Court, Nassau County, two entered November 6, 2017, and one entered January 10, 2019, and a judgment of the same court also entered January 10, 2019. By order to show cause dated May 3, 2019, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment. Motion by the appellant to deem the record and the appellant's brief filed in connection with the appeals from the orders entered November 6, 2017, to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

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

ORDERED that the motion to dismiss the appeals from the orders 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 the appellant's motion is granted, the record and the appellant's brief filed in connection with the appeals from the orders entered November 6, 2017, are deemed to be filed in connection with the appeal from the judgment, and on or before October 15, 2019, the appellant shall correct the covers of copies of the record and the appellant's brief filed with the Clerk of this Court to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2019-04476, remove the notice of appeal from the copies of the record filed with the Clerk of this Court, file replacement digital copies of the record and the appellant's brief that contain the foregoing corrections, and serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is extended until November 15, 2019, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court