Appellate Division: Second Judicial Department

M279424

E/sl

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2017-10866, 2019-05147 U.S. Bank National Association, etc., plaintiff-respon v Ricky Wongsonadi, defendant third-party plaintiff- USA Realty & Management Group, Inc., defendant/ defendant-appellant, et al., defendants; Ansar Mussal third-party defendant-respondent. (Index No. 703762/2015)

DECISION & ORDER ON MOTION dent, respondent, third-party een,

Appeal from an order of the Supreme Court, Queens County, entered August 31, 2017, and a judgment of the same court entered January 17, 2019. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated July 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. Motion by the defendant/third-party defendant-appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, and to consolidate the appeals.

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

ORDERED that the branches of the defendant/third-party defendant-appellant's motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to consolidate the appeals are granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before November 5, 2021, the parties shall submit covers for copies of the record and briefs filed with the Clerk of this Court that contain Appellate Division Docket No. 2019-05147, in addition to Appellate Division Docket No. 2017-10866, and upload replacement copies of the record and briefs which contain the corrected covers through the digital portal on this Court's website, and on or before November 5, 2021, the defendant/third-party defendant-appellant shall upload a supplemental record containing the judgment and the notice of appeal from the judgment through the digital portal on this Court's website; and it is further,

ORDERED that the defendant/third-party defendant-appellant's motion is otherwise denied; 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.

CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court