Appellate Division: Second Judicial Department

M267387

E/mb

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2017-01657, 2019-10159 JPMorgan Chase Bank, National Association, respondent, v Thomas Braunworth III, et al., defendants, Gustavia Home, LLC, appellant. (Index No. 5198/10)

DECISION & ORDER ON MOTION

2019-10159, 2019-10160

JPMorgan Chase Bank, National Association,

respondent, v Thomas Braunworth III, appellant,

et al., defendants.

(Index No. 5198/10)

Appeals by Gustavia Home, LLC, from an order of the Supreme Court, Nassau County, entered October 21, 2016, and an order and judgment (one paper) of the same court entered May 15, 2019. Separate appeal by Thomas Braunworth III from the order and judgment and a decision of the same court, also entered May 15, 2019. Motion by Gustavia Home, LLC, to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment, in effect, to consolidate the appeal from the order with its appeal from the order and judgment, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with its appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and its notice of appeal from the order and judgment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment is denied as unnecessary, as Gustavia Home, LLC, filed a notice of appeal from the order and judgment; and it is further,

ORDERED that the branches of the motion which are, in effect, to consolidate the appeal from the order with the appeal by Gustavia Home, LLC, from the order and judgment, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal by Gustavia Home, LLC, from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal by Gustavia Home, LLC, from the order and judgment are granted, and on or before December 11, 2019, Gustavia Home, LLC, shall correct the covers of the copies of the record and briefs filed in connection with the appeal from the order to reflect the consolidation, file digital copies of the record and briefs filed in connection with the appeal from the order that contain the corrected cover, serve a supplemental record containing the order and judgment and the notice of appeal by Gustavia Home, LLC, from the order and judgment, and file an original, five hard copies, and a digital copy of the supplemental record; and it is further,

ORDERED that on the Court's own motion, the caption concerning the appeal from the order and judgment is amended to substitute Gustavia Home, LLC, for PNC Mortgage, a division of PNC Bank, National Association, successor by merger to National City Mortgage, a division of National City Bank, in accordance with the order of the Supreme Court, Nassau County, entered October 21, 2016.

SCHEINKMAN, P.J., ROMAN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court