Appellate Division: Second Judicial Department

M271406

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-03375, 2020-03318, 2020-03393 Bayview Loan Servicing, LLC, etc., respondent, v Gregory Zelyakovsky, et al., appellants, et al., defendants. (Appeal No. 1) Noteworthy Foreclosure LLC, respondent, v Gregory Zelyakovsky, et al., appellants, et al., defendants. (Appeal Nos. 2, 3) (Index No. 502041/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated January 16, 2019, and January 16, 2020, respectively, and a judgment of the same court also dated January 16, 2020. Motion by the respondent to dismiss the appeal from the order dated January 16, 2019, on the ground that the right of appeal therefrom terminated upon entry of the judgment in the above-entitled action or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants, in effect, to consolidate the appeal from the order dated January 16, 2019, with the appeals from the order dated January 16, 2020, and the judgment, to deem the record and the appellants' brief filed in connection with the appeal from the order dated January 16, 2019, to also be filed in connection with the appeals from the order dated January 16, 2020, and the judgment, and for leave to serve and file a supplemental record containing the papers comprising record for the appeals from the order dated January 16, 2020, and the judgment, and a supplemental appellants' brief raising points of argument in connection with the appeals from the order dated January 16, 2020, and the judgment.

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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is granted, and on or before August 3, 2020, the appellants shall submit corrected covers for the copies of the record and the appellants' brief filed with the Clerk of the Court that also contain Appellate Division Docket Nos. 2020-03318, 2020-03393 and the caption for those appeals, upload digital replacement copies of the record and the appellants' brief that contain the corrected covers, serve a supplemental record that contains the order dated January 16, 2020, and the judgment, the notice of appeal for the order dated January 16, 2020, and the judgment, and the papers comprising record for the appeals from the order dated January 16, 2020, and the judgment, except the papers that are already contained in the record, serve a supplemental appellants' brief raising points of argument in connection with the appeals from the order dated January 16, 2020, and the judgment, and upload digital copies of the supplemental record and the supplemental appellants' 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 supplemental record and the supplemental appellants' brief 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 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 is extended, and on or before September 2, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's 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 respondent's brief 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 motion which is to dismiss the appeal from the order dated January 16, 2019, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

RIVERA, J.P., AUSTIN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court