Appellate Division: Second Judicial Department

M273079

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-10682, 2018-10683 Chase Home Finance, LLC, etc., respondent, v Jerome Crutch, et al., appellants, et al., defendants. (Index No. 32920/2009)

DECISION & ORDER ON MOTION

2019-11078

JPMorgan Chase Bank, N.A., respondent,

v Jerome Crutch, et al., appellants, et al.,

defendants.

(Index No. 32920/2009)

Appeals from two orders of the Supreme Court, Queens County, both dated May 14, 2018, and an appeal an order and judgment (one paper) of the same court entered June 20, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent, inter alia, to dismiss the appeals from the orders on the ground that the right of direct appeal terminated upon entry in the above-entitled action of the order and judgment. Cross motion by the appellants to deem the notice of appeal from the orders to be a notice of appeal from the order and judgment or, in the alternative, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment and to consolidate the appeals from the orders with the appeal from the order and judgment.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is dismissed for failure to pay the motion filing fee (see CPLR 8022[b]); and it is further,

ORDERED that the branches of the cross motion which are, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, and to consolidate the appeals are granted, the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the order and judgment, on or before October 19, 2020, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of this Court in connection with the appeals from the orders that contain Appellate Division Docket No. 2019-11078 in addition to Appellate Division Docket Nos. 2018-10682 and 2018-10683, and also contain the caption for the judgment, and upload digital replacement copies of the record and briefs that contain the corrected covers, on or before October 19, 2020, 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 the appellants shall 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 cross motion is otherwise denied.

BALKIN, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court