Appellate Division: Second Judicial Department

M280873

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2019-04660, 2019-12366 Bank of America, NA, respondent, v Ferial Mann, appellant, et al., defendants. (Appeal No. 1) Bayview Loan Servicing, LLC, respondent, v Ferial Mann, appellant, et al., defendants. (Appeal No. 2) (Index No. 503099/2014)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated January 28, 2019, and an order and judgment (one paper) of the same court dated September 10, 2019. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated October 21, 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 order and judgment. Motion by the appellant pursuant to 22 NYCRR 1250(c) to vacate the dismissal of the appeal from the order and judgment, to consolidate the appeals, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal from the order and judgment 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 order and judgment, on or before February 8, 2022, the parties shall upload, through the digital portal of this Court's website, digital replacement copies of the record and briefs with corrected covers which contain Appellate Division Docket No. 2019-12366 in addition to Appellate Division Docket No. 2019-04660 and the caption for the order and judgment in addition to the caption for the order, and on or before February 8, 2022, the appellant shall serve a supplemental record containing the order and judgment and the notice of appeal from the order and judgment and upload a digital copy of the supplemental record, through the digital portal of 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.

DILLON, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court