Appellate Division: Second Judicial Department

M266124

E/sl

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2017-06848, 2017-13263, 2017-13264 US Bank National Association, etc., respondent, v James Mattiello, appellant, et al., defendants. (Index No. 700220/15)

DECISION & ORDER ON MOTION

Motion by the appellant to deem notices of appeal from three orders of the Supreme Court, Queens County, one entered June 9, 2017, and two entered October 20, 2017, to be premature notices of appeal from a judgment of the same court entered June 5, 2019, and for leave to serve and file a supplemental record containing the judgment. Cross motion by the respondent to dismiss the appeals on the ground that the right of direct appeal from the orders terminated upon entry of the judgment in the above-entitled action, and to dismiss the appeals from the orders entered October 20, 2017, on the ground that no appeal lies from orders entered upon the default of the appealing party, or in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the motion is granted, the notice of appeal from the order entered June 9, 2017, is deemed to be a premature notice of appeal from the judgment, and on or before October 21, 2019, the appellant shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the branches of the cross motion which are to dismiss the appeals from the orders entered October 20, 2017, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., MALTESE, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court