Appellate Division: Second Judicial Department

M277033

E/sl

SYLVIA O. HINDS-RADIX, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-12899, 2018-12599, 2019-10047 HSBC Bank USA, N.A., respondent, v Elaine E. Blair-Walker, etc., appellant, et al., defendants. (Index No. 711762/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, one dated April 28, 2017, and one entered August 17, 2018, and an order and judgment (one paper) of the same court entered January 31, 2019. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated March 24, 2021, the parties to the appeal from the order dated April 28, 2017, 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 that order terminated upon entry in the above-entitled action of the order and 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 order and judgment is vacated pursuant to 22 NYCRR 1250.10(c), the appeals from the orders and the order and judgment are consolidated, the records and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the other appeals, on or before June 9, 2021, the appellant shall initialize the appeals from the orders for efiling, the parties shall submit corrected covers for the records and briefs filed with the Clerk of the Court in connection with the appeals from the orders which contain all three Appellate Division Docket Nos. and file, via NYSCEF, replacement digital copies of the records and briefs which contain the corrected covers, and the appellant shall serve and file via NYSCEF 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 to dismiss the appeal from the order dated April 28, 2017, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

HINDS-RADIX, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court