Appellate Division: Second Judicial Department

M275817

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-14034, 2021-01912 Bayview Loan Servicing, LLC, respondent, v City of Middletown, appellant, et al., defendants. (Index No. 4650/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated September 21, 2018. Motion by the respondent 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 an order and judgment (one paper) of the Supreme Court, Orange County, dated January 2, 2019.

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

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the order and judgment (see CPLR 5501[c]; 5520[c]), the appellant's appendix and the briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, and on or before March 31, 2021, the parties shall submit corrected covers for the copies of the appellant's appendix and the briefs filed with the Clerk of the Court which also contain Appellate Division Docket No. 2021-01912 in addition to Appellate Division Docket No. 2018-14034, and upload digital replacement copies of the appellant's appendix and the briefs which contain the corrected covers; and it is further,

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court