Appellate Division: Second Judicial Department

M280292

MB/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2021-00800, 2021-03357, 2021-04205 Anglestone Real Estate Venture Partners Corp., respondent, v Bank of New York Mellon, etc., appellant, et al., defendants. (Index No. 524129/2018)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Kings County, dated January 12, 2021, and two orders of the same court dated December 23, 2020, and April 15, 2021, respectively. Motion by the respondent to dismiss the appeal from the order dated December 23, 2020, on the ground that the right of direct appeal from the order dated December 23, 2020, terminated upon entry in the above-entitled action of the judgment, to strike stated portions of the record, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 23, 2020, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the record is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before December 29, 2021, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

CHAMBERS, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court