Appellate Division: Second Judicial Department

M278541

E/sl

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2017-11631, 2019-01566 Rachel Miller, plaintiff-respondent, v Stillwell Road, Inc., defendant-respondent, Joan Hansen, appellant. (Index No. 10312/2013)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Nassau County, entered September 19, 2017, and a judgment of the same court entered December 19, 2018. The appeal from the judgment entered December 19, 2018, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated March 24, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the judgment entered September 19, 2017, on the ground that the judgment entered September 19, 2017, was superseded by the judgment entered December 19, 2018. Motion by the appellant, inter alia, to deem the notice of appeal from the judgment entered September 19, 2017, to be a premature notice of appeal from the judgment entered December 19, 2018, and for leave to serve and file a supplemental record containing the judgment entered December 19, 2018.

Now, upon the order to show cause and the papers filed in response thereto, and upon papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, pursuant to 22 NYCRR 1250.10(c) the dismissal of the appeal from the judgment entered December 19, 2018, is vacated and the appeals are consolidated; and it is further,

ORDERED that the appellant's motion is granted to the extent that the record and briefs filed in connection with the appeal from the judgment entered September 19, 2017, are deemed also to be filed in connection with the appeal from the judgment entered December 19, 2018, and on or before September 2, 2021, the parties shall submit corrected covers for the record and briefs filed in connection with the appeal from the judgment entered September 19, 2017, which contain Appellate Division Docket No. 2019-01566 in addition to Appellate Division Docket No. 2017-11631, upload, through the digital portal on this Court's website, digital replacement copies of the record and briefs filed in connection with the appeal from the judgment entered September 19, 2017, which contain the corrected covers, on or before September 2, 2021, the appellant shall serve a supplemental record containing the judgment entered December 19, 2018, and the notice of appeal from that judgment and upload, through the digital portal on this Court's website, a digital copy of the supplemental record, and the appellant's motion is otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeal from the judgment entered September 19, 2017, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

MASTRO, J.P., DUFFY, BRATHWAITE NELSON, GENOVESI and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court