Appellate Division: Second Judicial Department

M282110

MB/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

CHERYL E. CHAMBERS

DEBORAH A. DOWLING, JJ.

2018-05753, 2018-05754, 2019-14379, 2019-14381 Merrill Lynch Credit Corporation, plaintiff, v Yolande Nicholson, appellant, et al., defendants; Bank of America, National Association, nonparty-respondent. (Appeal Nos. 1 and 2) Bank of America, National Association, respondent, v Yolande Nicholson, appellant, et al., defendants. (Appeal Nos. 3 and 4) (Index No. 9227/2012)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Kings County, two dated January 31, 2018, one dated July 26, 2019, and an order and judgment (one paper) of the same court dated July 26, 2019. The appeals under Appellate Division Docket Nos. 2019-14379 and 2019-14381 were deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated November 24, 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 appeals under Appellate Division Docket Nos. 2018-05753 and 2018-05754 on the ground that the right of direct appeal from the orders dated January 31, 2018, terminated upon entry in the above-entitled action of the order and judgment. Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals under Appellate Division Docket Nos. 2019-14379 and 2019-14381, and to consolidate the appeals.

Now, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted, the dismissal of the appeals under Appellate Division Docket Nos. 2019-14379 and 2019-14381 is vacated, the appeals are consolidated, the record and brief filed in connection with the appeals under Appellate Division Docket Nos. 2018-05753 and 2018-05754 are deemed also to be filed in connection with the appeals under Appellate Division Docket Nos. 2019-14379 and 2019-14381, on or before April 25, 2022, the appellant shall upload, through the digital portal on this Court's website, replacement digital copies of the record and brief which contain Appellate Division Docket Nos. 2019-14379 and 2019-14381 in addition to Appellate Division Docket Nos. 2018-05753 and 2018-05754, and on or before April 25, 2022, the appellant shall serve a supplemental record which contains the order dated July 26, 2019, the order and judgment, and the notice of appeal from the order and 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 motion to dismiss the appeals under Appellate Division Docket Nos. 2018-05753 and 2018-05754 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., IANNACCI, CHAMBERS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court