Appellate Division: Second Judicial Department

M267249

E/sl

SHERI S. ROMAN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-06129, 2016-06130 Deutsche Bank National Trust Company, etc., respondent, v Livis Conrado, appellant, et al., defendants. (Index No. 2397/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, both entered March 25, 2016, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court entered September 14, 2018. Separate motion by the appellant, in effect, to deem the notice of appeal from the orders to be a premature notice of appeal from the order and judgment.

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

ORDERED that the appellant's motion is granted, the notice of appeal from the orders is deemed to be a premature notice of appeal from the order and judgment, the appeal from the order and judgment will be prosecuted under Appellate Division Docket No. 2016-06129 and not under Appellate Division Docket No. 2016-06130, and on or before December 6, 2019, the appellant shall correct, as directed by the Clerk of the Court or her designee, the covers of the hard copies of the record and briefs filed with the Clerk of this Court, and serve and file a supplemental record containing the order and judgment; and it is further,

ORDERED that the respondent's motion is denied.

ROMAN, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court