Appellate Division: Second Judicial Department

M271087

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

PAUL WOOTEN, JJ.

2019-05072, 2019-05073 Bank of New York Mellon, etc., respondent, v Curtis Lee, etc., appellant, et al., defendants. (Index No. 705681/18)

DECISION & ORDER ON MOTION

2020-01308

Bank of New York Mellon, etc., respondent,

v Curtis Lee, etc., appellant, et al., defendants.

(Index No. 705681/18)

Motion by the appellant, inter alia, to deem the record and the appellant's brief filed in connection with appeals from two orders of the Supreme Court, Queens County, one dated January 18, 2019, and one entered January 30, 2019, to be filed in connection with an appeal from an order and judgment (one paper) of the same court dated January 2, 2020. Cross 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 in the above-entitled action of the order and judgment, or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the record and the appellant's brief 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 the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders is granted, and the appeals from the orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on or before July 6, 2020, the appellant shall initialize NYSCEF with respect to Appellate Division Docket No. 2020-1308, serve and file a replacement record and appellant's brief via NYSCEF under Appellate Division Docket No. 2020-1308 that contain covers which include Appellate Division Docket No. 2020-01308, and omit Appellate Division Docket Nos. 2019-05072 and 2019-05073, submit corrected covers of the copies of the record and the appellant's brief filed with the Clerk of this Court, and serve and file a supplemental record via NYSCEF under Appellate Division Docket No. 2020-1308 that contains the order and judgment and the notice of appeal from the order and judgment, and file an 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 branch of the cross motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief via NYSCEF under Appellate Division Docket No. 2020-1308 is extended until August 6, 2020, and the respondent shall file the original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court