Wells Fargo Bank, N.A. v Degraw
Motion No: 2018-05933
Slip Opinion No: 2019 NY Slip Op 81264(U)
Decided on October 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266427

kbp/

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-05933

Wells Fargo Bank, N.A., etc., respondent,

v Jon Degraw, etc., et al., appellants,

et al., defendant.

(Index No. 33511/16)

DECISION & ORDER ON MOTION

Motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from an order of the Supreme Court, Rockland County, dated March 13, 2018, to be a premature notice of appeal from an order and judgment (one paper) of the same court, dated July 3, 2019, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and 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, the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, and on or before November 6, 2019, the appellants shall serve and file a supplemental record containing the order and judgment.

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

ENTER:

Aprilanne Agostino

Clerk of the Court