Appellate Division: Second Judicial Department

M277809

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2017-07565 Federal National Mortgage Association, etc., respond John F. Vivenzio, et al., appellants, et al., defendants. (Index No. 5818/2013)

DECISION & ORDER ON MOTION ent,

2019-00256, 2019-00476, 2019-03214

Federal National Mortgage Association, etc., respondent,

v John F. Vivenzio, et al., appellants, et al., defendants.

(Index No. 5818/2013)

Appeals from a judgment of the Supreme Court, Suffolk County, dated August 17, 2016, and three orders of the same court dated October 23, 2015, October 18, 2016, and September 18, 2018, respectively. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeals from the orders, inter alia, on the grounds that the right of direct appeal from the orders terminated upon entry of the judgment and that the dismissal of the appeal from the judgment for failure to timely perfect precludes consideration of the issues that could have been raised on that appeal on the appeals from the orders. Cross motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, to consolidate the appeal from the judgment with the appeals from the orders, and to extend the time to perfect the appeal from the judgment.

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

ORDERED that the cross motion is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated October 23, 2015, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court