| Bank of New York Mellon, NA v Korszun |
| Motion No: 2019-13756 |
| Slip Opinion No: 2021 NY Slip Op 65953(U) |
| Decided on May 12, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M277058
E/sl
CHERYL E. CHAMBERS, J.P.
COLLEEN D. DUFFY
ANGELA G. IANNACCI
PAUL WOOTEN, JJ.
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2019-13756 Bank of New York Mellon, NA, respondent, v Annetta Korszun, et al., appellants, et al., defendants. (Index No. 10452/2010)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Nassau County, entered August 23, 2019. By order to show cause dated December 14, 2020, 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 order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Nassau County, entered September 23, 2019. Motion by the appellant Matthew Kwas, inter alia, for leave to perfect the appeals by the appendix method, and for an injunction pursuant to CPLR 5518.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notices of appeal from the order dated August 22, 2019, are deemed to be premature notices of appeal from the order and judgment, and on or before June 14, 2021, the appellants shall serve a supplemental joint appendix containing the order and judgment, and upload a digital copy of the supplemental joint appendix, 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 joint appendix 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 motion by the appellant Matthew Kwas for leave to perfect the appeals by the appendix method is denied as unnecessary (see 22 NYCRR 1250.5); and it is further,
ORDERED that the motion by the appellant Matthew Kwas is otherwise denied; and it is further,
ORDERED that the motion to dismiss the appeals is denied.
CHAMBERS, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court