Appellate Division: Second Judicial Department

M269257

kbp/

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2019-01207, 2019-01208 Nationstar Mortgage, LLC, respondent, v Ramiro Calomarde, appellant, et al., defendants. (Index No. 9998/13)

DECISION & ORDER ON MOTION

2019-07696

Nationstar Mortgage, LLC, respondent,

v Ramiro Calomarde, appellant, et al.,

defendants.

(Index No. 9998/13)

Appeals from two orders of the Supreme Court, Nassau County, entered October 11, 2016, and November 14, 2016, respectively, and a decision of the same court entered March 15, 2019. Motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of a judgment of the same court entered March 15, 2019. Cross motion by the appellant, inter alia, to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment, to deem the records and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 motion is denied; and it is further,

ORDERED that the cross motion is granted to the extent of deeming the notice of appeal from the orders to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2019-01207, and not under 2019-01208, and on or before March 4, 2020, the appellant shall serve and file a supplemental record containing the judgment, delete appellate Division Docket No. 2019-01208 from the copies of the covers of the records and briefs filed with the Clerk of this Court, and file replacement digital copies of the records and briefs that contain the corrected covers; and it is further,

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

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

SCHEINKMAN, P.J., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court