Appellate Division: Second Judicial Department

M275123

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-13427 Wells Fargo Bank, N.A., respondent, v Efrom Gross, et al., appellants, et al., defendants. (Index No. 578/2016)

DECISION & ORDER ON MOTION

2018-08401, 2018-08402

Wells Fargo Bank, N.A., respondent,

v Efrom Gross, et al., appellants, et al., defendants.

(Index No. 578/2016)

2020-02033

Wells Fargo Bank, N.A., respondent,

v Efrom Gross, et al., appellants, et al., defendants.

(Index No. 578/2016)

Appeals from an order of the Supreme Court, Nassau County, entered September 23, 2016, two orders of the same court both entered April 9, 2018, and an order and judgment (one paper) of foreclosure and sale of the same court entered October 4, 2019. The appeals from the orders entered April 9, 2018, and the order and judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated November 16, 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 entered September 23, 2016, on the ground that the right of direct appeal from the order entered September 23, 2016, terminated upon entry in the above-entitled action of the order and judgment. Motion by the appellants, in effect, to vacate the dismissal of the appeals from the orders entered April 9, 2018, and the order and judgment pursuant to 22 NYCRR 1250.10(c), to extend the time to perfect those appeals, and to consolidate those appeals with the appeal from the order entered September 23, 2016.

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

ORDERED that the appellants' motion is granted to the extent that the dismissal of the appeal from the order and judgment is vacated pursuant to 22 NYCRR 1250.10(c), the appeal from the order and judgment is reinstated and consolidated with the appeal from the order entered September 23, 2016, and the record and briefs filed in connection with the appeal from the order entered September 23, 2016, are deemed also to be filed in connection with the appeal from the order and judgment; and it is further,

ORDERED that on or before April 19, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court in connection with the appeal from the order entered September 23, 2016, which contain Appellate Division Docket No. 2020-02033 in addition to Appellate Division Docket No. 2016-13427, and upload through the digital portal on this Court's website digital copies of the record and briefs which contain the corrected covers; and it is further,

ORDERED that on or before April 19, 2021, the appellants shall serve a supplemental brief containing points of argument which are not contained in the brief filed in connection with the appeal from the order entered September 23, 2016, and a supplemental record containing the order and judgment, the notice of appeal from the order and judgment, and any papers constituting the record that are not contained in the record filed in connection with the appeal from the order entered September 23, 2016, and upload digital copies of the supplemental appellants' brief and the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellants shall file originals and five hard copies of the supplemental appellants' brief and 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 appellants' motion is otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeal from the order entered September 23, 2016, is held in abeyance and referred to the panel of Justices hearing the appeals from that order and the order and judgment for determination upon the argument or submission thereof.

AUSTIN, J.P., MILLER, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court