Appellate Division: Second Judicial Department

M273453

E/sl

JOSEPH J. MALTESE, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY, JJ.

2019-05791 In the Matter of David Templer, petitioner- respondent, v Solomon Singer, respondent, Federal National Mortgage Association, appellant. (Index No. 512679/2018)

DECISION & ORDER ON MOTION

2019-08378

In the Matter of David Templer, etc., petitioner-

respondent, v Solomon Singer, appellant.

(Index No. 512679/2018)

Appeal by Federal National Mortgage Association from an order of the Supreme Court, Kings County, dated January 30, 2019, and appeal by Solomon Singer from a judgment of the same court dated May 17, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated July 28, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Motion by Federal National Mortgage Association, inter alia, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment. Cross motion by Solomon Singer to dismiss the appeal from the order on the ground that the appeal terminated upon entry in the above-entitled action of the judgment and on the ground that the appeal from the order has been rendered academic.

Now, upon the order to show cause and the papers filed in response thereto, 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 branch of the motion by Federal National Mortgage Association which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal by Federal National Mortgage Association from the judgment, the appeal by Federal National Mortgage Association from the judgment will be prosecuted under Appellate Division Docket No. 2019-08378 and not under Appellate Division Docket No. 2019-05791, on or before November 16, 2020, Federal National Mortgage Association shall submit corrected covers for the copies of the record and its brief filed with the Clerk of the Court that contain Appellate Division Docket No. 2019-08378 and not Appellate Division Docket No. 2019-05791, upload, through the digital portal on this Court's website, digital replacement copies of the record and its brief that contain the corrected covers, serve a supplemental record containing the 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 Federal National Mortgage Association 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 by order to show cause dated July 28, 2020, to dismiss the appeal from the order is denied; and it is further,

ORDERED that the motion by the appellant Federal National Mortgage Association is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

MALTESE, J.P., DILLON, LEVENTHAL and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court