Bank of America NA v Evanson
Motion No: 2018-03702
Slip Opinion No: 2020 NY Slip Op 75464(U)
Decided on December 2, 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

M274344

E/sl

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-03702, 2018-13761

Bank of America NA, plaintiff, v Michelle

Evanson, appellant, et al., defendants;

Bayview Loan Servicing, LLC, nonparty-respondent.

(Appeal No. 1)

Bayview Loan Servicing, LLC, respondent,

v Michelle Evanson, appellant, et al., defendants.

(Appeal No. 2)

(Index No. 29046/2013)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated December 21, 2017, and an order and judgment of the same court entered August 10, 2018. Motion by the appellant, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order to be also filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to be also filed in connection with the appeal from the order and judgment, on or before January 4, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court that contain Appellate Division Docket No. 2018-13761 in addition to Appellate Division Docket No. 2018-03702 as well as changes to the caption to reflect the caption for the order and judgment, and upload, through the digital portal on this Court's website, digital replacement copies of record and briefs that contain the corrected covers, on or before January 4, 2021, the appellant 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 appellant 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.

DUFFY, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court