Appellate Division: Second Judicial Department

M280939

E/mb

BETSY BARROS, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2018-13039, 2021-00563 HSBC Bank USA, National Association, etc., respon v Filomeina Carpinelli, appellant, et al., defendants. (Index No. 10120/2010)

DECISION & ORDER ON MOTION dent,

Appeals from an order of the Supreme Court, Suffolk County, dated August 22, 2017, and an order and judgment (one paper) of the same court November 20, 2020. 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, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, and to consolidate the appeals.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's motion which is, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, and to consolidate the appeals 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 14, 2022, the parties shall upload, through the digital portal on this Court's website, replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2021-00563 in addition to Appellate Division Docket No. 2018-13039, and on or before February 14, 2022, the appellant shall serve a supplemental record which contains 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 on this Court's website; and it is further,

ORDERED that the appellant's motion is otherwise denied as academic; 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.

BARROS, J.P., RIVERA, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court