Appellate Division: Second Judicial Department

M267386

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-04007, 2018-04008, 2019-06077 Bank of America, N.A., respondent, v Vincent Montagnese, et al., defendants, Diane Montagnese, appellant. (Index No. 64253/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated January 11, 2018, on the ground that the right of direct appeal terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated April 15, 2019. Cross motion by the appellant, in effect, to consolidate the appeals from the orders with an appeal from the order and judgment. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeals from the orders and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the respondent's time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the cross motion is granted, and on or before December 16, 2019, the appellant shall correct the covers of the copies of the record and briefs initially filed with the Clerk of this Court under Appellate Division Docket Nos. 2018-04007 and 2018-04008 to add Appellate Division Docket No. 2019-06077, correct the covers of the copies of the record and the appellant's brief initially filed with the Clerk of this Court under Appellate Division Docket No. 2019-06077 to add Appellate Division Docket Nos. 2018-04007 and 2018-04008, and efile, under Appellate Division Docket No. 2019-06077, copies of the record and briefs that contain the corrected covers; and it is further,

ORDERED that the motion to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief in response to the appellant's brief initially filed with the Clerk of this Court under Appellate Division Docket No. 2019-06077 is extended until December 16, 2019, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted.

DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court