Appellate Division: Second Judicial Department

M267281

E/afa

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-03916, 2018-03921 Citimortgage, Inc., etc., respondent, v. Dagon Aygoren, appellant, et al., defendants. (Index No. 610448/15)

DECISION & ORDER ON MOTION

2019-04685, 2019-04686

Wilmington Savings Fund Society, FSB,

respondent, v Dogan Aygoren, appellant.

(Index No. 610448/15)

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, both dated November 16, 2017, and appeals from an order and an order and judgment (one paper) of the same court, both dated February 28, 2019, to deem the record and briefs filed in connection with the appeals from the orders dated November 16, 2017, to be filed in connection with the appeal from the order and judgment. Cross motion by the respondent to dismiss the appeals from the orders dated November 16, 2017, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of 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 cross motion is granted and the appeals from the orders dated November 16, 2017, are 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 February 28, 2019, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is granted, and the record and briefs filed in connection with the appeals from the orders dated November 16, 2017, are deemed to be filed in connection with the appeal from the order and judgment under Appellate Division Docket No. 2019-04686, and on or before December 9, 2019, the appellant shall correct the caption and the Appellate Division Docket Number on the covers of the copies of the record and briefs filed with the Clerk of this Court to reflect that the appeal is being taken from the order and judgment under Appellate Division Docket No. 2019-04686, remove the notice of appeal from copies of the record filed with the Clerk of this Court, electronically file replacement copies of the corrected record and briefs, and serve and file a supplemental record 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

ENTER:

Aprilanne Agostino

Clerk of the Court