Appellate Division: Second Judicial Department

M266280

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-00356 PHH Mortgage, respondent, v Beverly Esdelle, appellant, et al., defendants. (Index No. 506029/14)

DECISION & ORDER ON MOTION

2019-05883, 2019-05884

PHH Mortgage, respondent,

v Beverly Esdelle, appellant, et al., defendants.

(Index No. 506029/14)

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated September 26, 2017, and January 28, 2019, respectively, and a judgment of the same court also dated January 28, 2019, to dismiss the appeal from the order dated September 26, 2017, on the ground that the right of direct appeal from that order terminated upon entry of the judgment. Separate motion by the appellant to consolidate the appeal from the order dated September 26, 2017, with the appeals from the order dated January 28, 2019, and the judgment, to deem the record and the appellant's brief filed in connection with the appeal from the order dated September 26, 2017, to also be filed in connection with the appeals from the order dated January 28, 2019, and the judgment, and for leave to serve and file a supplemental record and brief.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is granted and the appeal from the order dated September 26, 2017, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated January 28, 2019, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the appellant's motion is granted to the extent that the record and the appellant's brief filed in connection with the appeal from the order dated September 26, 2017, are deemed to be filed in connection with the appeal from the judgment, and on or before November 4, 2019, the appellant shall correct covers of the record and the appellant's brief filed with the Clerk of this Court to replace Appellate Division Docket No. 2018-00356 with Appellate Division Docket No. 2019-05883 and serve and file a supplemental record and appellant's brief concerning the additional issues to be raised with respect to the judgment of foreclosure and sale.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court