Appellate Division: Second Judicial Department

M266074

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2016-12375, 2017-07661 US Bank National Association, etc., respondent, v Melanie Kail, appellant, et al., defendants. (Index No. 7832/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Nassau County, entered February 22, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to consolidate that appeal with an appeal from an order of the same court entered October 20, 2015, to deem the record and briefs filed in connection with the appeal from the order also 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.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals from the order and the judgment are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before October 15, 2019, the parties shall correct the covers of the record and their respective briefs filed with the Clerk of this Court to add Appellate Division Docket No. 2017-07661 and file digital copies of the record and their respective briefs which contain the corrected covers, and the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, and the motion is otherwise denied.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court