U.S. Bank N.A. v Williams Family Trust
Motion No: 2018-01769
Slip Opinion No: 2019 NY Slip Op 86798(U)
Decided on December 24, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268469

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-01769, 2018-01770

U.S. Bank N.A., etc., respondent,

v Williams Family Trust, et al., defendants,

Everard Williams, appellant.

(Index No. 533/15)

DECISION & ORDER ON MOTION

2019-14116

U.S. Bank N.A., etc., respondent,

v Williams Family Trust, et al., defendants,

Everard Williams, appellant.

(Index No. 533/15)

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, both entered December 14, 2017, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the same court entered September 12, 2019. Cross motion by the appellant, in effect, to consolidate the appeals from the orders with an appeal from the judgment, to deem the record and briefs filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

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

ORDERED that the cross motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the judgment, and on or before January 27, 2020, the appellant shall add Appellate Division Docket No. 2019-14116 to the covers of the record and briefs filed with the Clerk of the Court, file replacement digital copies of the record and briefs that contain the corrected covers, and serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

LEVENTHAL, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court