| M&T Bank v Barter |
| Motion No: 2018-10489 |
| Slip Opinion No: 2020 NY Slip Op 60261(U) |
| Decided on January 8, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M268641
kbp/
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2018-10489, 2019-07571 M & T Bank, respondent, v Michelle Barter, etc., et al., defendants, Scott Barter, etc., appellant. (Index No. 3375/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated July 25, 2018, and an order and judgment (one paper) of the same court entered February 27, 2019, to deem the notice of appeal from the order 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 appeal from the order to be filed in connection with the appeal from the order and judgment to the extent that the order and judgment brings up for review the order, and for leave to serve and file a supplemental record containing the order and judgment.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeals are consolidated; and it is further,
ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment is denied as unnecessary, as the appellant has taken an appeal from the order and judgment; and it is further,
ORDERED that the remaining branches of the motion are granted, the record and briefs filed in connection with the appeal from the order are also deemed to be filed in connection with the appeal from the order and judgment, and on or before February 6, 2020, the appellant shall serve and file a supplemental record containing the order and judgment, correct the covers of the copies of the briefs and record filed with the Clerk of this Court to add Appellate Division Docket No. 2019-07571, file digital copies of the record and the briefs that contain the corrected covers, and serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment.
DILLON, J.P., AUSTIN, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court