Appellate Division: Second Judicial Department

M268650

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-04218 Noelya Sagastume, etc., et al., appellants, v Alan M. Freedman, etc., respondent, et al., defendant. (Index No. 706399/14)

DECISION & ORDER ON MOTION

2018-14352

N.S., etc., et al., appellants,

v Alan M. Freedman, etc., respondent,

et al., defendant.

(Index No. 706399/14)

Motion by the respondent on appeals from an order of the Supreme Court, Queens County, dated February 8, 2018, and a judgment of the same court entered November 27, 2018, to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment.

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 dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, 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, and on or before February 6, 2020, the appellants shall correct the covers of the record and briefs to add Appellate Division Docket No. 2018-14352, file 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 respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

DILLON, J.P., AUSTIN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court