| Wells Fargo Bank, NA v Benitez |
| Motion No: 2018-03006 |
| Slip Opinion No: 2019 NY Slip Op 80503(U) |
| Decided on September 27, 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
M266201
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2018-03006, 2018-03007 Wells Fargo Bank, NA, respondent, v Veronica Benitez, etc., appellant, et al., defendants. (Index No. 15433/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated March 26, 2019, issued in connection with the above-referenced appeals.
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, the decision and order on motion of this Court dated March 26, 2019, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeals from two orders of the Supreme Court, Suffolk County, dated December 10, 2017, and December 11, 2017, respectively. By order to show cause dated February 22, 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 dated December 10, 2017, and December 11, 2017, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated November 20, 2018.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the orders is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, on or before October 18, 2019, the appellant shall serve and file a supplemental record containing the judgment, and the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-03006 and not under Appellate Division Docket No. 2018-03007; and it is further,
ORDERED that the motion to dismiss the appeals is denied.
MASTRO, J.P., LEVENTHAL, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court