Appellate Division: Second Judicial Department

M273082

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-12684, 2019-00509 Wells Fargo Bank, NA, etc., respondent, v Christine Oziel, et al., appellants, et al., defendants. (Index No. 12412/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 2, 2017, and an appeal from an order and judgment (one paper) of the same court entered October 15, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated February 10, 2020, the parties to the appeal from the order were directed to show cause before this Court why an order should or should not be made and entered dismissing that appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, 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 appeal from the order 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. 2019-00509 in addition to Appellate Division Docket No. 2017-12684, 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 motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

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

ENTER:

Aprilanne Agostino

Clerk of the Court