| Wells Fargo Bank, NA v Moxey |
| Motion No: 2017-03554 |
| Slip Opinion No: 2019 NY Slip Op 81419(U) |
| Decided on October 10, 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
M266522
E/sl
LEONARD B. AUSTIN, J.P.
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2017-03554, 2017-08724 Wells Fargo Bank, NA, respondent, v Kenneth Moxey, etc., appellant, et al., defendant. (Index No. 706420/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Queens County, entered February 2, 2017, and June 22, 2017, respectively, on the ground that the right of direct appeal therefrom terminated upon entry of an order and judgment in the above-entitled action entered October 1, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notices of appeal from the orders are deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appeal from the order and judgment will be prosecuted under Appellate Division Docket No. 2017-03554 and not under Appellate Division Docket No. 2017-08724, and on or before November 1, 2019, the appellant shall correct the covers of the record and briefs filed with the Clerk of the Court to delete Appellate Division Docket No. 2017-08724 and file digital copies of the record and briefs that contain the corrected covers, and serve and file a supplemental record containing the order and judgment; and it is further,
ORDERED that the motion is denied.
AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court