Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 8, 2026

2024-05856, 505637/2018

Mark C. Dillon, J.P.

William G. Ford

Lourdes M. Ventura

Elena Goldberg Velazquez, JJ.

[*1]

DECISION & ORDER ON MOTION

2025-08254

Wells Fargo Bank, National Association, etc.,

respondent, v Stacey Ermilio, et al., appellants,

et al., defendants.

(Index No. 505637/2018)

Appeals from an order of the Supreme Court, Kings County, dated October 25, 2023, and an order and judgment (one paper) of the same court, dated April 23, 2025. The appeal from order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated February 25, 2026, the parties 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 respondent to dismiss 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. Cross-motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, to consolidate the appeals, and to extend the time to perfect the appeal from the order and judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that cross-motion is granted to the extent that the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) 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 June 8, 2026, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2025-08254 in addition to Appellate Division Docket No. 2024-05856 on the covers, and on or before June 8, 2026, the appellants shall serve and file, via NYSCEF, a replacement record which also contains the order and judgment, the notice of appeal from the order and judgment, and Appellate Division Docket No. 2025-08254 in addition to Appellate Division Docket No. 2024-05856 on the cover, and the cross-motion is otherwise denied; and it is further,

ORDERED that the motions by this Court and by the respondent are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

DILLON, J.P., FORD, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court