Appellate Division: Second Judicial Department

M276593

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-06151, 2019-12261 Bank of America, N.A., respondent, v Antonina Nicolosi, et al., defendants, Joan Franzese, appellant. (Index No. 12572/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 6, 2017, and appeal from a judgment of the same court entered August 27, 2019, which has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated February 19, 2021, the parties to the appeal from the order were directed to show cause before this Court why an order should or should not be made and entered dismissing that appeal on the ground that the right of direct appeal from the order 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, it is

ORDERED that on the Court's own motion, the dismissal of the appeal from the judgment is vacated pursuant to 22 NYCRR 1250.10(c), the appeals from the order and the judgment 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 appeal from the judgment, on or before May 11, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court which contain Appellate Division Docket No. 2019-12261 in addition to Appellate Division Docket No. 2017-06151, 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 11, 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 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 appeal from the order 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