Appellate Division: Second Judicial Department

M270847

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-09347, 2019-09348, 2020-01241, 2020-01242 U.S. Bank NA, etc., respondent, v Miriam Warshaw, et al., appellants, et al., defendants. (Index No. 613641/17)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two decisions of the Supreme Court, Nassau County, entered March 15, 2019, and January 22, 2020, respectively, an order of the same court entered March 15, 2019, and an order and judgment (one paper) of the same court entered January 23, 2020, to dismiss the appeals from the decision entered March 15, 2019, and the order entered March 15, 2019, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment. Separate motion by the appellants to consolidate the appeals from the decision entered March 15, 2019, and the order entered March 15, 2019, with the appeal from the decision entered January 22, 2020, and the appeal from the order and judgment, and, in effect, for leave to serve and file a supplemental record containing the decision entered January 22, 2020, and the order and judgment, and the notices of appeal from that decision and the order and judgment.

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

ORDERED that on the Court's own motion, the appeals from the decisions are 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); and it is further,

ORDERED that the appellants' motion is granted to the extent that the appeal from the order entered March 15, 2019, and the order and judgment are consolidated, the record and the appellants' brief filed in connection with the appeal from the order entered March 15, 2019, are also deemed to be filed in connection with the appeal from the order and judgment, and on or before July 6, 2020, the appellants shall submit corrected covers for the copies of the record and briefs filed with the Clerk of this Court that include Appellate Division Docket Nos. 2019-09347 and 2020-01242, and omit Appellate Division Docket No. 2019-09348, upload replacement digital copies of the record and the appellants' brief through the digital portal on this Court's website that contain the corrected covers, serve a supplemental record containing the decision entered January 22, 2020, the order and judgment, and the notice of appeal from the order and judgment, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellants shall 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, and the appellants' motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeals is denied as academic with respect to the appeal from the decision entered March 15, 2019, and is held in abeyance with the respect to the appeal from the order entered March 15, 2019, and that branch of the respondent's motion is referred to the panel of Justices hearing the appeals from the order entered March 15, 2019, and the order and judgment for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before August 5, 2020, the respondent shall serve a respondent's brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court.

LEVENTHAL, J.P., MILLER, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court