| Stanescu v Stanescu |
| Motion No: 2017-10082 |
| Slip Opinion No: 2021 NY Slip Op 73058(U) |
| Decided on October 13, 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
M279531
E/jr
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
|
2017-10082, 2018-01859, 2021-06246 John Stanescu, appellant, v Catherine Stanescu, respondent. (Index No. 13707/2011)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Westchester County, one entered August 14, 2017, and one dated January 10, 2018, and a judgment of the same court dated May 21, 2019. Motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action. Cross motion by the appellant, in effect, to consolidate the appeals from the orders with the appeal from the judgment and to deem the record and briefs filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, the appeals from the orders are consolidated with the appeal from the judgment, the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the judgment, on or before November 15, 2021, the parties shall submit corrected covers of the copies of the record and briefs filed with the Clerk of the Court that contain Appellate Division Docket No. 2021-06246 in addition to Appellate Division Docket Nos. 2017-10082 and 2018-01859, and upload, through the digital portal on this Court's website, digital replacement copies of the record and briefs which contain the corrected covers, and on or before November 15, 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 is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., CHRISTOPHER, WOOTEN, and ZAYAS, JJ.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court