Appellate Division: Second Judicial Department

M276590

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-07331, 2019-14095, 2019-14096 HSBC Bank USA, National Association, etc., respondent, v Mindi Gordon, et al., appellants, et al., defendants. (Index No. 25474/2009)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated March 8, 2017, an order and judgment (one paper) of the same court dated August 8, 2018, and an amended order and judgment (one paper) of the same court dated August 21, 2019. The appeals from the order and judgment and the amended order and judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). 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 the amended order and judgment. Cross motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissals of the appeals from the order and judgment and the amended order and judgment, to extend the time to perfect those appeals, and to consolidate those appeals with the appeal from the order.

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

ORDERED that the cross motion is granted, the dismissals of the appeals from the order and judgment and the amended order and judgment are vacated, the time to perfect those appeals is extended, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeals from the order and judgment and the amended order and judgment, on or before May 12, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed in connection with the appeal from the order which contain Appellate Division Docket Nos. 2019-14095 and 2019-14096, in addition to Appellate Division Docket No. 2017-07331, and upload digital copies of the record and briefs through the digital portal on this Court's website which contain the corrected covers, on or before May 12, 2021, the appellants shall serve a supplemental record containing the order and judgment, the amended order and judgment, and the notice of appeal from the order and judgment and the amended 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 appellants 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 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, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court