Appellate Division: Second Judicial Department

M276749

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2019-07530, 2019-07531, 2020-09129 Wells Fargo Bank, National Association, etc., respondent, v Toranosuke Matsuoka, appellant, et al., defendants. (Index No. 616684/2016)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, both dated May 7, 2019, and an order and judgment (one paper) of the same court entered November 10, 2020. Motion by the appellant to consolidate the appeals from the orders with the appeal from the order and judgment, for leave to serve and file a supplemental record, and, in effect, for leave to serve and file a supplemental brief. Cross motion by the respondent to dismiss the appeals from the orders 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 entered November 10, 2020, or, in the alternative, to dismiss the appeal under Appellate Division Docket No. 2019-07531 on the ground that no appeal lies from a decision.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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. 2020-09129 in addition to Appellate Division Docket Nos. 2019-07530 and 2019-07531, and file, via NYSCEF, replacement digital copies of the record and briefs which contain the corrected covers, on or before May 21, 2021, the appellant shall serve and file a supplemental record via NYSCEF containing the order and judgment, the notice of appeal from the order and judgment, and any additional papers constituting the record on the appeal from the order and judgment that are not contained in the record filed in connection with the appeals from the orders, as well as a supplemental brief, and the appellant shall file an original and five hard copies of the supplemental record as well as the supplemental brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders 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 is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court