Appellate Division: Second Judicial Department

M275193

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-13041, 2018-14064, 2020-09650, 2020-09652 Bank of America, N.A., respondent, v Alice McNamara, etc., appellant, et al., defendants. (Index No. 78/2014)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Suffolk County, two dated July 19, 2018, and one dated one dated March 5, 2020, and an order and judgment (one paper) of the same court also dated March 5, 2020. By order to show cause dated November 18, 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 dated July 19, 2018, 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. Motion by the appellant to deem the notice of appeal from the orders dated July 19, 2018, to be a premature notice of appeal from the order and judgment, and, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeals from the orders dated July 19, 2018, to also be filed in connection with the appeals from the order dated March 5, 2020, and the order and judgment, and for leave to serve and file a supplemental record containing the order dated March 5, 2020, and the order and judgment, and the notice of appeal from the order dated March 5, 2020, and the order and judgment.

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

ORDERED that the branch of the appellant's motion which is to deem the notice of appeal from the orders dated July 19, 2018, to be a premature notice of appeal from the order and judgment is denied as unnecessary as a notice of appeal from the order and judgment has been filed; and it is further,

ORDERED that the branches of the appellant's motion which are, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeals from the orders dated July 19, 2018, to also be filed in connection with the appeals from the order dated March 5, 2020, and the order and judgment, and for leave to serve and file a supplemental record containing the order dated March 5, 2020, and the order and judgment, and the notice of appeal from the order dated March 5, 2020, and the order and judgment are granted, on or before February 24, 2021, the parties shall submit corrected covers for the copies of the record and the briefs filed with the Clerk of the Court that also contain Appellate Division Docket Nos. 2020-09650 and 2020-09652 in addition to Appellate Division Docket Nos. 2018-13041 and 2018-14064 and upload digital replacement copies of the record and the briefs that contain the corrected covers, on or before February 24, 2021, the appellant shall serve a supplemental record that contains the order dated March 5, 2020, and the order and judgment, and the notice of appeal from the order dated March 5, 2020, and 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 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 to dismiss the appeals from the orders dated July 19, 2018, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

AUSTIN, J.P., MILLER, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court