Appellate Division: Second Judicial Department

M274591

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2020-02650, 2020-09156 Ernest Leak, plaintiff, v RBI Associates, Ltd., etc., et al., defendants, Grover & Fensterstock, PC, et al., respondents, Champion Mortgage, appellant. (Index No. 7861/2011)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated January 14, 2020, and a judgment of the same court dated August 28, 2020. Separate motions by the respondent Grover & Fensterstock, PC, and the respondent Amalgamated Bank to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment or on the ground that the appellant's appendix is inadequate or to direct the appellant to file a supplemental appellant's appendix containing certain material and to extend the time to serve and file their respective briefs. Cross motion by the appellant, in effect, to consolidate the appeals.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, the appeals are consolidated, the appellant's appendix and the appellant's brief filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before January 15, 2021, the appellant shall submit corrected covers for the copies of the appellant's appendix and the appellant's brief filed with the Clerk of the Court that contain Appellate Division Docket No. 2020-09156 in addition to Appellate Division Docket No. 2020-02650, upload replacement digital copies of the appellant's appendix and the appellant's brief that contain the corrected covers through the digital portal on this Court's website, serve a supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment, and upload a digital copy of the supplemental appellant's appendix, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the supplemental appellant's appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branches of the motions which are to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motions which are to extend the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is extended, and on or before February 16, 2021, the respondents shall serve their respective briefs and upload digital copies of their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motions are otherwise denied.

MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court