Appellate Division: Second Judicial Department

M276751

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2018-02932, 2018-02933, 2019-11332 HSBC Bank USA, N.A., respondent, v Abid Butt, appellant, et al., defendants. (Index No. 22495/2013)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, both dated December 4, 2017, and an order and judgment (one paper) of the same court entered July 23, 2019. By order to show cause dated March 8, 2021, 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 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, inter alia, to consolidate the appeals from the orders with the appeal from the order and judgment.

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

ORDERED that the branch of the motion which is to consolidate the appeals from the orders with the appeal from the order and judgment is granted, the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the order and judgment, on or before May 21, 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. 2019-11332 in addition to Appellate Division Docket Nos. 2018-02932 and 2018-02933, and upload, through the digital portal on this Court's website, replacement digital copies of the record and briefs which contain the corrected covers, on or before May 21, 2021, the appellant shall serve and upload, through the digital portal on this Court's website, a supplemental record containing the order and judgment and the notice of appeal from the order and judgment, 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 is otherwise denied; and it is further,

ORDERED that the motion which is to dismiss the appeals from the orders is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

DILLON, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court