Bank of America, National Association v Schwartz
Motion No: 2017-02918
Slip Opinion No: 2020 NY Slip Op 67926(U)
Decided on July 1, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271704

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-02918, 2017-02920, 2019-01630

Bank of America, National Association,

respondent, v Susan Schwartz, et al., appellants,

et al., defendant.

(Index No. 32626/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Rockland County, both dated February 14, 2017, and an order and judgment (one paper) of the same court dated January 10, 2019. By order to show cause dated November 7, 2019, the parties to the appeals were directed to show cause before this Court 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 therefrom terminated upon entry in the above-entitled action of the order and judgment.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the appeals are consolidated, 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 July 31, 2020, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court that contain Appellate Division Docket No. 2019-01630 in addition to Appellate Division Docket Nos. 2017-02918 and 2017-02920 and upload digital replacement copies of the record and briefs that contain the corrected covers through the digital portal on this Court's website, and the appellants shall serve a supplemental record containing 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 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 held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

RIVERA, J.P., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court