Appellate Division: Second Judicial Department

M272178

E/sl

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-08501 U.S. Bank National Association, etc., respondent, v Gina L. Callegari-Orlando, etc., appellant, et al., defendants. (Index No. 601508/2015)

DECISION & ORDER ON MOTION

2020-03934

U.S. Bank National Association, etc., respondent,

v Gina L. Callegari-Orlando, etc., appellant, et al.,

defendants.

(Index No. 601508/2015)

Appeals from an order of the Supreme Court, Suffolk County, dated May 15, 2019, and an order and judgment (one paper) of the same court dated January 31, 2020. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment in the above-entitled action, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant to consolidate the appeals.

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 the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, the appeals are consolidated, the record and the appellant's brief filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, and on or before October 14, 2020, the appellant shall submit corrected covers for copies of the record and the appellant's brief filed in connection with the appeal from the order that contain Appellate Division Docket No. 2020-03934 in addition to Appellate Division Docket No. 2019-08501, upload, via NYSCEF, digital replacement copies of the record and the appellant's brief that contain the corrected covers, and serve and file, via NYSCEF, a supplemental record containing the order and judgment and the notice of appeal from the order and judgment, 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 branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief via NYSCEF is extended until November 13, 2020, and the respondent shall file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court.

ROMAN, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court