Appellate Division: Second Judicial Department

M272546

E/jr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-13153, 2020-00850 Wilmington Savings Fund Society, FSB, etc., respondent, v Chaitram Misir, etc., appellant, et al., defendants. (Index No. 611879/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated October 3, 2018, and a judgment of the same court entered December 10, 2019. Motion by the respondent to extend the time to serve and file a brief in connection with the appeal from the order dated October 3, 2018. By order to show cause dated June 1, 2020, the parties to the appeal from the order dated October 3, 2018, were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated October 3, 2018, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment, and the respondent's motion was held in abeyance in the interim. Motion by the appellant to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order dated October 3, 2018, to also be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, 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 appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion and the respondent's motion are granted; and it is further,

ORDERED that the motion to dismiss the appeal from the order dated October 3, 2018, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on or before September 21, 2020, the appellant shall upload, through the digital portal on this Court's website, digital copies of the record and the appellant's brief that contain corrected covers with Appellate Division Docket No. 2020-00850 in addition to Appellate Division Docket No. 2018-13153, submit corrected covers for the copies of the record and the appellant's brief that were filed with the Clerk of this Court, serve a supplemental record containing the judgment and the notice of appeal from the 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 the appellant shall file an original and five hard copies of the second 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 time to serve and file a brief is extended, and on or before October 13, 2020, the respondent shall serve the brief and upload digital copies of the 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 brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., CHAMBERS, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court