Appellate Division: Second Judicial Department

M267941

E/mb

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-01188 US Bank National Association, etc., respondent, v Roger W. Edwards, etc., appellant, et al., defendants. (Index No. 21083/07)

DECISION & ORDER ON MOTION

2019-08020

US Bank National Association, etc., respondent,

v Roger W. Edwards, etc., et al., defendants;

372 Monroe Street LLC, nonparty-appellant.

(Index No. 21083/07)

Motion by Roger W. Edwards, inter alia, in effect, to deem a notice of an appeal from an order of the Supreme Court, Kings County, dated October 16, 2017, to be a premature notice of appeal from an order and judgment (one paper) of the same court dated February 19, 2019, and 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 order and judgment. Separate motion by US Bank National Association to dismiss the appeal by 372 Monroe Street LLC, from the order and judgment on the ground that 372 Monroe Street LLC, is not aggrieved by the order and judgment.

Upon the papers filed in support of the motion by Roger W. Edwards and the papers filed in opposition thereto, and upon the papers filed in support of the motion by US Bank National Association and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion by Roger W. Edwards which are, in effect, to deem the notice of an appeal from the order to be a premature notice of appeal from the order and judgment, and 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 order and judgment are granted, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, the appeal by Roger W. Edwards from the order and judgment will be prosecuted under Appellate Division Docket No. 2019-08020 and not under Appellate Division Docket No. 2018-01188, and on or before December 27, 2019, the parties shall correct the covers of the record and briefs filed with the Clerk of this Court by deleting Appellate Division Docket No. 2018-01188, adding Appellate Division Docket No. 2019-08020, changing the caption to reflect that 372 Monroe Street LLC, is a nonparty-appellant, and changing the cover of the record to reflect that it is a joint record, and the respondent shall file a digital copy of the respondent's brief that contains the corrected cover; and it is further,

ORDERED that the motion by Roger W. Edwards is otherwise denied; and it is further,

ORDERED that the motion by US Bank National Association 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 on the Court's own motion, the time of 372 Monroe Street LLC, to perfect its appeal from the order and judgment is extended and on or before January 27, 2020, 372 Monroe Street LLC, shall serve and file its brief and a supplemental joint record containing the order and judgment, its notice of appeal from the order and judgment, and any papers constituting the record for its appeal that are not contained in the joint record filed by Roger W. Edwards.

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court