Appellate Division: Second Judicial Department

M271106

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2018-03061, 2018-03062 Wells Fargo Bank National Association, etc., respondent, v Sandra Kehres, etc., appellant, et al., defendants. (Index No. 621104/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated December 12, 2017, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated November 7, 2018.

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

ORDERED that on the Court's own motion, the notice of appeal from the orders is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-03061, and not under Appellate Division Docket No. 2018-03062, the appellant's appendix and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before July 20, 2020, the parties shall submit corrected covers for the copies of the appellant's appendix and briefs filed with the Clerk of this Court that do not contain Appellate Division Docket No. 2018-03062, and file replacement digital copies of the appellant's appendix and briefs that contain the corrected covers via NYSCEF, and the appellant shall serve and file a supplemental appellant's appendix containing the judgment via NYSCEF, and the appellant 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 it is further,

ORDERED that the motion is denied.

MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court