Appellate Division: Second Judicial Department

M273114

E/mb

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-04977, 2018-04981 U.S. Bank N.A., etc., respondent, v Gerald Lent, appellant, et al., defendant. (Index No. 58781/2016)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 14, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Supreme Court, Westchester County, both dated March 22, 2018. 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 an order and judgment of the Supreme Court, Westchester County, dated August 30, 2018. Cross motion by the appellant pursuant to CPLR 5501(c) to deem the appeals from the orders to also be an 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 cross motion is denied; and it is further,

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 order and judgment (see CPLR 5520[c]), the appeal from the order and judgment will be prosecuted under Appellate Division Docket No. 2018-04977 and not under Appellate Division Docket No. 2018-04981, the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the order and judgment, on or before October 13, 2020, the parties shall submit correct covers for the copies of the record and briefs filed with the Clerk of the Court that do not contain Appellate Division Docket No. 2018-04981 and file replacement copies of the record and briefs via NYSCEF that contain the corrected covers, on or before October 13, 2020, the appellant shall serve and file, via NYSCEF, a supplemental record containing the order and judgment, and the appellant 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 is denied.

SCHEINKMAN, P.J., HINDS-RADIX, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court