| Bank of America, National Association v New York City Environmental |
| Motion No: 2018-12364 |
| Slip Opinion No: 2019 NY Slip Op 83941(U) |
| Decided on November 12, 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
M267390
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2018-12364 Bank of America, National Association, respondent, v New York City Environmental Control Board, et al., defendants; Kyoungmi Oh, nonparty-appellant. (Index No. 18067/09)
| DECISION & ORDER ON MOTION |
2019-10107
Bank of America, National Association,
respondent, v New York City Environmental
Control Board, et al., defendants; Kyoungmi Oh,
nonparty-appellant.
(Index No. 18067/09)
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 12, 2018, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered September 7, 2018. Cross motion by the nonparty-appellant, in effect, to deem the record and briefs filed in connection with the appeal from the order to be deemed filed in connection with an appeal from the judgment or, in the alternative, to consolidate the appeal from the order with the appeal from the 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 appeal from the order is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the cross motion which is, in effect, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment is granted, and on or before December 2, 2019, the nonparty-appellant shall correct the covers of the copies of the record and briefs filed with the Clerk of this Court to replace Appellate Division Docket No. 2018-12364 with Appellate Division Docket No. 2019-10107, remove the notice of appeal for the order from the copies of the record filed with the Clerk of this Court, and serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,
ORDERED that the cross motion is otherwise denied as academic.
DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court