Appellate Division: Second Judicial Department

M268044

E/sl

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2018-14756 HSBC Bank USA, N.A., etc., respondent, v Daniel Greenberg, et al., defendants; Stephanie Greenberg, nonparty-appellant. (Index No. 11922/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 1, 2017, as untimely taken, on the ground that the appellant's interest in the subject premises has been extinguished, and upon the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court, entered August 23, 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 dated March 1, 2017, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), the record and the appellant's brief filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, and on or before January 2, 2020, the appellant shall serve and file a supplemental record containing the order and judgment; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until February 3, 2020, and the respondent's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court