Appellate Division: Second Judicial Department

M268197

kbp/

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2018-05959, 2018-05960 Deutsche Bank National Trust Company, etc., respondent, v Colleen Feeney, appellant, et al., defendants. (Index No. 2934/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated October 3, 2016, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Suffolk County, entered October 29, 2018. Cross motion by the appellant, in effect, to deem the notice of appeal from the orders to be a premature notice of appeal from the order and judgment, to deem the record and the appellant's brief filed in connection with the appeals from the orders to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment.

Now, upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, the notice of appeal from the orders is deemed to be a premature notice of appeal from the order and judgment (see CPLR 5520[c]), the record and the appellant's brief filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the order and judgment, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-05959 and not under Appellate Division Docket No. 2019-05960, and on or before January 16, 2020, the appellant shall serve and file a supplemental record containing the order and judgement, delete Appellate Division Docket No. 2019-05960 from the copies of the covers of the record and the appellant's brief filed with the Clerk of this Court, and file replacement digital copies of the record and the appellant's brief that contain the corrected covers; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended until February 18, 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