Appellate Division: Second Judicial Department

M270738

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-00092, 2018-00093 JP Morgan Chase Bank, National Association, respondent, v Suzanne Kutch, appellant, et al., defendants. (Index No. 5355/10)

DECISION & ORDER ON MOTION

2019-01580

Wilmington Savings Fund Society, FSB, etc.,

respondent, v Suzanne Kutch, appellant, et al.,

defendants.

(Index No. 5355/10)

Appeals from two orders of the Supreme Court, Nassau County, entered April 10, 2017, and November 2, 2017, respectively, and an appeal from an order and judgment (one paper) of the same court entered November 20, 2018, which was deemed dismissed pursuant to 22 NYCRR 670.10(a) for failure to timely perfect. By order to show cause dated January 6, 2020, the parties to the appeals were directed to show cause 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 the order and judgment. Application by the respondent to dismiss the appeals on the ground that the appeals have been rendered academic.

Now, upon the papers filed in support of the motion to dismiss the appeals from the orders and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the Court's own motion, the dismissal of the appeal from the order and judgment entered November 20, 2018, is vacated pursuant to 22 NYCRR 1250.10(c), that appeal is reinstated, 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 order and judgment, and on or before June 22, 2020, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of this Court which contain the caption of the order and judgment and contain Appellate Division Docket No. 2019-01580 instead of Appellate Division Docket Nos. 2018-00092 and 2018-00093, and upload digital copies of the corrected record and corrected briefs through the digital portal on this Court's website, and the appellant shall serve, upload a digital copy through the digital portal on this Court's website of, and file with the Clerk of the Court an original and five hard copies of, a supplemental record containing the order and judgment and the notice of appeal from the order and judgment; if the Clerk of the Court is unavailable to accept filing of the original and five hard copies of the supplemental record, then the appellant shall file the original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion to dismiss the appeals from the orders is granted and the appeals from the orders entered April 10, 2017, and November 2, 2017, are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.

BALKIN, J.P., ROMAN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court