| Wells Fargo Bank, N.A. v Galloway |
| Motion No: 2018-07741 |
| Slip Opinion No: 2022 NY Slip Op 61396(U) |
| Decided on February 4, 2022 |
| 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
M281340
E/sl
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, JJ.
|
2018-07741 Wells Fargo Bank, N.A., etc., respondent, v Milton D. Galloway, appellant, et al., defendants. (Index No. 31787/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2018. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court entered May 29, 2019.
Upon the papers filed in support of the respondent's 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]), and the appendices 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; and it is further,
ORDERED that the respondent's motion is denied.
CHAMBERS, J.P., CHRISTOPHER, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court