Appellate Division: Second Judicial Department

M270272

kbp/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-01315, 2019-01316, 2020-00404 PHH Mortgage Corporation, respondent, v Christopher Moger, etc., appellant, et al., defendants. (Index No. 207/17)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, both entered September 26, 2018, and an order and judgment (one paper) of the same court entered October 16, 2019. Motion by the respondent to dismiss the appeals from the orders entered September 26, 2018, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant, inter alia, to consolidate the appeals, to deem the record and the appellant's brief filed in connection with the appeals from the orders to be also filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment.

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

ORDERED that the branches of the cross motion which are to consolidate the appeals, to deem the record and the appellant's brief filed in connection with the appeals from the orders to be also filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment are granted, the appeals are consolidated, the record and the appellant's brief filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the order and judgment, and on or before April 16, 2020, the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment, and add Appellate Division Docket No. 2020-00404 to the copies of the covers of the record and appellant's brief filed with the Clerk of this Court in connection with the appeals from the orders, and file replacement digital copies of the records and the appellant's brief that contain the corrected covers; and it is further,

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

ORDERED that the branch of the motion which is to dismiss the appeals from the orders is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until May 18, 2020, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court