| Nationstar Mortgage, LLC v Tabick |
| Motion No: 2018-08772 |
| Slip Opinion No: 2020 NY Slip Op 68970(U) |
| Decided on July 22, 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. |
Appellate Division: Second Judicial Department
M272026
E/sl
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2018-08772, 2018-08773 Nationstar Mortgage, LLC, respondent, v Christopher Tabick, et al., appellants, et al., defendants. (Index No. 509027/2014)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, both dated May 7, 2018. Motion by the respondent to dismiss the appeals on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated September 16, 2019. Separate motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the order and judgment and to deem the record and briefs filed in connection with the appeal from the orders to be filed in connection with the appeal from the order and judgment.
Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion is granted, the notice of appeal from the orders is deemed to be a premature notice of appeal from the order and judgment (see CPLR 5520[c]), the appeal from the order and judgment will be prosecuted under Appellate Division Docket No. 2018-08772 and not under Appellate Division Docket No. 2018-08773, 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 August 19, 2020, the appellants shall serve a supplemental record containing 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 respondent's motion is denied.
DILLON, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court