Appellate Division: Second Judicial Department

M275132

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2017-01461, 2017-01459, 2018-02225 1077 Madison Street, LLC, plaintiff-respondent, v Osbert Dickerson, appellant, Washington Mutual Bank, FA, et al., defendants-respondents, et al., defendants. (Index No. 34103/2006)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated December 14, 2016, and December 22, 2016, respectively, and appeal from a judgment of the same court dated October 26, 2017, which has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated October 23, 2020, the parties were directed to show cause why the appeals from the orders should or should not be dismissed on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment. Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to consolidate the appeals from the orders with the appeal from the judgment. Separate motion by the plaintiff-respondent, inter alia, to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to consolidate the appeals from the orders with the appeal from the judgment are granted, the dismissal of the appeal from the judgment is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the judgment, on or before February 22, 2021, the appellant and the plaintiff-respondent shall submit corrected covers for the record and their respective briefs which contain Appellate Division Docket No. 2018-02225 in addition to Appellate Division Docket Nos. 2017-01461 and 2017-01459 and upload digital copies of the record and their respective briefs which contain the corrected covers, on or before February 22, 2021, the appellant shall serve a supplemental record containing the judgment and the notice of appeal from 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 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 Court's motion to dismiss the appeals from the orders and the branch of the plaintiff-respondent's motion which is to dismiss the appeals from the orders 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 appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the appellant's motion and the plaintiff-respondent's motion are otherwise denied.

DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court