Appellate Division: Second Judicial Department

M267284

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-11096, 2019-12374 Residential Mortgage Loan Trust 2013-TT2, etc., appellant, v Peter E. Fiorita, et al., respondents, et al., defendants. (Index No. 600936/16)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 6, 2018, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment entered October 22, 2018, or, in the alternative, to extend the time to serve and file a brief.

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 notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]), and on or before December 13, 2019, the appellant shall correct the covers of the record and appellant's brief filed with the Clerk of the Court to add Appellate Division Docket No. 2019-12374, efile the record and appellant's brief with corrected covers, serve and file a supplemental record containing the judgment, initialize NYSCEF with respect to Appellate Division Docket No. 2019-12374, and efile a copy of this decision and order on motion under that Appellate Division Docket No.; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until January 13, 2020, and the respondents' brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court