| Deutsche Bank National Trust Company v Musheyev |
| Motion No: 2018-01582 |
| Slip Opinion No: 2021 NY Slip Op 71988(U) |
| Decided on September 20, 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
M279214
E/sl
LEONARD B. AUSTIN, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
LARA J. GENOVESI, JJ.
|
2018-01582, 2020-03012 Deutsche Bank National Trust Company, etc., respondent, v Isaak Musheyev, appellant, et al., defendants. (Index No. 8891/2009)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Queens County, entered October 23, 2017, and a judgment of the same court entered November 12, 2019. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated June 12, 2021, 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 appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the dismissal of the appeal from the judgment is vacated pursuant to 22 NYCRR 1250.10(c), the appeals from the order and the judgment 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 judgment, on or before October 20, 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. 2020-03012 in addition to Appellate Division Docket No. 2018-01582, and upload digital copies of the record and briefs, through the digital portal on this Court's website, which contain the corrected covers, and on or before October 20, 2021, the appellant shall serve a supplemental record containing the judgment and the notice of appeal from the judgment, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
AUSTIN, J.P., HINDS-RADIX, BARROS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court