Appellate Division: Second Judicial Department

M267278

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2017-05232, 2017-05233 Citimortgage, Inc., respondent, v Mary Awodoye, appellant, et al., defendants. (Index No. 500254/15)

DECISION & ORDER ON MOTION

2019-09975

Citimortgage, Inc., respondent,

v Mary Awodoye, appellant, et al.,

defendants.

(Index No. 500254/15)

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, both dated March 21, 2017, on the ground that the right of direct appeal terminated upon entry in the above-entitled action of an order and judgment of the same court dated July 16, 2019. Cross motion by the appellant to deem the appendices and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the order and judgment.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeals from the orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the cross motion is granted, the appendices and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the order and judgment, and on or before December 9, 2019, the appellant shall correct the covers of the copies of the appendices and briefs filed with the Clerk of this Court to reflect that the appeal is being prosecuted under Appellate Division No. 2019-09975, remove the notice of appeal from the copies of the appellant's appendix filed with the Clerk of this Court, and serve and file a supplemental appellant's appendix containing the order and judgment and the notice of appeal from the order and judgment.

RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court