| Wilson 3 Corp. v Deutsche Bank National Trust Company |
| Motion No: 2019-11515 |
| Slip Opinion No: 2021 NY Slip Op 69131(U) |
| Decided on July 19, 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
M278257
E/sl
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-11515 Wilson 3 Corp., et al., respondents, v Deutsche Bank National Trust Company, appellant (and a third-party action). (Index No. 503180/2016)
| DECISION & ORDER ON MOTION |
2020-00849
Wilson 3 Corp., et al., respondents, v Deutsche
Bank National Trust Company, appellant
(and a third-party action).
(Index No. 503180/2016)
Appeals from an order of the Supreme Court, Kings County, dated September 24, 2019, and an order and judgment (one paper) of the same court dated December 9, 2019, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals.
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 pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals is granted and the dismissal of the appeals is vacated; and it is further,
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the order and judgment; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeals is denied as academic as to the appeal from the order and granted as to the appeal from the order and judgment, and on or before September 17, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that no further extension of time to perfect the appeal from the order and judgment shall be granted.
CHAMBERS, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court