Appellate Division: Second Judicial Department

M268029

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2017-06390, 2018-13656 US Bank, appellant, v Dale Davids, respondent, et al., defendants. (Index No. 511592/16)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 9, 2017. By order to show cause dated September 12, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal 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 Supreme Court, Queens County, entered October 3, 2017. Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Kings County, dated September 28, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, to consolidate the appeal from that judgment with an appeal from the order dated May 9, 2017, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from that judgment, and for leave to serve and file a supplemental record containing that judgment and the notice of appeal from that judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order is denied; and it is further,

ORDERED that the appellant's motion is granted, the dismissal of the appeal from the judgment of the Supreme Court, Kings County, dated September 28, 2018, pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect that appeal is extended, that appeal is consolidated with the appeal from the order dated May 9, 2017, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment of the Supreme Court, Kings County, dated September 28, 2018, and on or before December 31, 2019, the appellant shall serve and file a supplemental record containing that judgment and the notice of appeal from that judgment, and correct the covers of the record and briefs filed in the office of the Clerk of this Court by adding Appellate Division Docket No. 2018-13656.

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

ENTER:

Aprilanne Agostino

Clerk of the Court