| Charles Schwab Bank v Winitch |
| Motion No: 2018-13399 |
| Slip Opinion No: 2019 NY Slip Op 83296(U) |
| Decided on October 31, 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
M267244
E/mb
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2018-13399, 2019-11121 Charles Schwab Bank, respondent, v Charles B. Winitch, et al., appellants, et al., defendants. (Index No. 51485/17)
| DECISION & ORDER ON MOTION |
2019-10703
Charles Schwab Bank, respondent,
v Charles B. Winitch, et al., appellants, et
al., defendants.
(Index No. 51485/17)
Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, dated July 10, 2018, and August 20, 2019, respectively, and a judgment of the same court dated August 20, 2019, in effect, to stay enforcement of the judgment, pending hearing and determination of the appeals and to deem the record and briefs filed in connection with the appeal from the order dated July 10, 2018, to also be filed in connection with the appeal from the judgment and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.
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 appeal from the order dated August 20, 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 motion is granted; and it is further,
ORDERED that enforcement of the judgment is stayed pending hearing and determination of the appeals from the order dated July 10, 2018, and the judgment; and it is further,
ORDERED that the record and briefs filed in connection with the appeal from the order dated July 10, 2018, are deemed to also be filed in connection with the appeal from the judgment, and on or before November 7, 2019, the appellants shall correct, as directed by the Clerk of this Court or her designee, the covers of the hard copies of the record and briefs filed with the Clerk of this Court to add Appellate Division Docket No. 2019-11121, efile digital replacements copies of the record and briefs with the corrected covers, and serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court