Citimortgage, Inc. v Morales
Motion No: 2017-12056
Slip Opinion No: 2020 NY Slip Op 69811(U)
Decided on August 12, 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

M272345

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-12056, 2017-12057

Citimortgage, Inc., respondent,

v John Morales, et al., defendants,

Jane Richardson, appellant.

(Index No. 13974/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated August 10, 2017. 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 a judgment of the Supreme Court, Kings County, dated September 23, 2019.

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, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-12056 and not under Appellate Division Docket No. 2017-12057, the appellant's appendix and the parties' 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 September 11, 2020, the parties shall submit corrected covers for the copies of the appellant's appendix and the parties' briefs filed with the Clerk of the Court that contain only Appellate Division Docket No. 2017-12056 and do not contain Appellate Division Docket No. 2017-12057 and upload digital copies of the appellant's appendix and the parties' briefs that contain the corrected covers through the digital portal on this Court's website, and the appellant shall serve a supplemental appellant's appendix containing the judgment and upload a digital copy of the supplemental appellant's appendix, 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 appellant's appendix 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.

BALKIN, J.P., MILLER, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court