| U.S. Bank National Association v Tesoriero |
| Motion No: 2019-09753 |
| Slip Opinion No: 2021 NY Slip Op 70080(U) |
| Decided on August 6, 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
M278555
E/mb
COLLEEN D. DUFFY, J.P.
ANGELA G. IANNACCI
LINDA CHRISTOPHER
WILLIAM G. FORD, JJ.
|
2019-09753, 2021-00598 U.S. Bank National Association, etc., respondent, v Rocco Tesoriero, appellant, et al., defendants. (Index No. 67408/2017)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Westchester County, dated June 17, 2019, and an order and judgment (one paper) of the same court dated October 13, 2020. Motion by the appellant, inter alia, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order to also be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order to also be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to also be filed in connection with the appeal from the order and judgment, on or before September 9, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court which contain Appellate Division Docket No. 2021-00598 in addition to Appellate Division Docket No. 2019-09753, and file digital replacement copies of record and briefs via NYSCEF, and on or before September 9, 2021, the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF; and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., IANNACCI, CHRISTOPHER and FORD, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court