Appellate Division: Second Judicial Department

M268974

kbp/

WILLIAM F. MASTRO, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2018-10901, 2018-10904 U.S. Bank National Association, respondent, v Roger Rowe, appellant, et al., defendants. (Index No. 611113/16)

DECISION & ORDER ON MOTION

2019-08823

U.S. Bank National Association, respondent,

v Roger Rowe, et al., appellants, et al., defendants.

(Index No. 611113/16)

Appeals from three orders of the Supreme Court, Suffolk County, two dated June 26, 2018, and one dated July 5, 2019. By order to show cause dated October 22, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated July 11, 2019. Motion by the respondent, inter alia, to dismiss the appeals from the orders dated June 26, 2018, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the judgment dated July 11, 2019, or, in the alternative, to extend the time to serve and file a brief in connection with the appeals from the orders dated June 26, 2018. Separate motion by the appellant Roger Rowe to stay the foreclosure sale of the subject premises pending hearing and determination of the appeals and to consolidate the appeals. Separate motion by the appellant Roger Rowe to set aside the judgment and the foreclosure sale of the subject premises. Separate motion by the appellant Lorena Rowe to stay the foreclosure sale of the subject premises pending hearing and determination of the appeals. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief in connection with the appeals from the order dated July 5, 2019.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the application, and papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notices of appeal from the orders are deemed to be premature notices of appeal from the judgment (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-10901 and not under Appellate Division Docket Nos. 2018-10904 or 2019-08823, and the materials filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment; and it is further,

ORDERED that on the Court's own motion, on or before February 18, 2020, the appellants shall (1) delete Appellate Division Docket No. 2018-10904 from the copies of the covers of the materials filed with the Clerk of this Court concerning the appeals from the orders dated June 26, 2018, (2) correct the caption of the materials filed with the Clerk of this Court concerning the appeals from the orders dated June 26, 2018, to reflect that Lorena Rowe is an appellant, (3) delete the label "Replacement Appellant's Appendix" from the copies of the materials filed with the Clerk of this Court containing that label concerning the appeals from the orders dated June 26, 2018 and substitute the label "Supplemental Joint Record", (4) delete Appellate Division Docket No. 2019-08823 from, and add Appellate Division Docket No. 2018-10901 to, the copies of the covers of the materials filed with the Clerk of this Court concerning the appeals from the order dated July 5, 2019, (5) efile, under Appellate Division Docket No. 2018-10901, replacement copies of the foregoing materials that contain the corrected covers, and (6) serve and file a second supplemental joint record containing the judgment; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief and the application to extend the time to serve and file a brief are granted, the respondent's time to serve and file a brief is extended until March 19, 2020, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the motion initiated by the order to show cause dated October 22, 2019, to dismiss the appeals is denied; and it is further,

ORDERED that the branch of the appellant Roger Rowe's motion which is to stay the foreclosure sale of the subject premises is denied; and it is further,

ORDERED that the branch of the appellant Roger Rowe's motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the appellant Roger Rowe's motion to set aside the judgment and the foreclosure sale of the subject premises is denied; and it is further,

ORDERED that the appellant Lorena Rowe's motion is denied.

MASTRO, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court