Citibank, N.A. v Yanling Wu
Motion No: 2018-03860
Slip Opinion No: 2020 NY Slip Op 72034(U)
Decided on September 23, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M273182

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

PAUL WOOTEN, JJ.

2018-03860, 2018-11175

Citibank, N.A., etc., respondent,

v Yanling Wu, etc., et al., appellants,

et al., defendants.

(Index No. 710351/2016)

DECISION & ORDER ON MOTION

2019-12634

Citibank, N.A., etc., respondent,

v Yanling Wu, etc., et al., appellants,

et al., defendants.

(Index No. 710351/2016)

Appeals from two orders of the Supreme Court, Queens County, one entered January 24, 2018, and one dated July 10, 2018, and an order and judgment (one paper) of the same court entered October 29, 2019. By order to show cause dated June 3, 2020, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment.

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

ORDERED that the motion is granted and the appeals from the orders are dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, 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 23, 2020, the parties shall submit corrected covers for the copies of the record and briefs that contain Appellate Division Docket No. 2019-12634 and omit Appellate Division Docket Nos. 2018-03860 and 2018-11175, and contain the caption reflected on the order and judgment, and file, via NYSCEF, under Appellate Division Docket No. 2019-12634, replacement copies of the record and briefs that contain the corrected covers, the appellant shall serve and file, via NYSCEF, a supplemental record containing the order and judgment and the notice of appeal from the order and judgment, 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.

MASTRO, J.P., MILLER, MALTESE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court