Appellate Division: Second Judicial Department

M280982

E/mb

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2019-04411 Citibank, N.A., etc., respondent, v Vivian Jones, etc., appellant, et al., defendants. (Index No. 7528/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated January 25, 2019. Motion by the respondent to dismiss the appeal on the ground that the appeal has been rendered academic or, in the alternative, 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 (one paper) of the same court dated March 9, 2020.

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

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment (see CPLR 5520[c]), the appendixes and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, on or before February 18, 2022, the appellant shall upload, through the digital portal on this Court's website, or, if unable to upload through the digital portal, file, by regular mail, a replacement appellant's appendix and brief and a replacement reply brief, which contain the caption for the order and judgment instead of the caption for the order, on or before February 18, 2022, the respondent shall file, via NYSCEF, digital copies of a replacement respondent's appendix and a replacement respondent's brief which contain the caption for the order and judgment instead of the caption for the order, and on or before February 18, 2022, the appellant shall serve a supplemental appellant's appendix which contains the order and judgment, as well as any papers constituting the record for the appeal from the order and judgment that are not contained in the appellant's appendix and the respondent's appendix, serve a supplemental appellant's brief, if any, which contains the points of argument on the appeal from the order and judgment that are not contained in the appellant's brief, and upload, through the digital portal on this Court's website, or, if unable to upload through the digital portal, file, by regular mail, the supplemental appellant's appendix and the supplemental appellant's brief; and it is further,

ORDERED that the motion is denied.

BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court