Appellate Division: Second Judicial Department

M282747

MB/

MARK C. DILLON, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

DEBORAH A. DOWLING, JJ.

2021-02410, 2021-02411, 2021-02562 Patricia Finn, appellant, v Wilmington Savings Fund Society, FSB, etc., et al., respondents. (Index No. 36782/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Rockland County, dated March 9, 2021, and two judgments of the same court entered March 12, 2021, and April 4, 2021, respectively. Motion by the appellant for this Court to take judicial notice of certain material. Separate motions by the respondents Raymond Labella and Naomi Camilleri and by the respondent Wilmington Savings Fund Society, FSB, to dismiss the appeal from the order on the ground that no appeal lies from an order denying reargument and to dismiss the appeals on the ground that the appellant's appendix is inadequate and the CPLR 5531 statement is incorrect, or, in the alternative, to direct the appellant to serve and file a supplemental appellant's appendix containing certain documents, and to extend the time to serve and file their respective briefs. Cross motion by the appellant for leave to file a corrected CPLR 5531 statement.

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

ORDERED that the motion to take judicial notice of certain material is denied; and it is further,

ORDERED that the branches of the motions by the respondents Raymond Labella and Naomi Camilleri and by the respondent Wilmington Savings Fund Society, FSB, which are to dismiss the appeal from the order on the ground that no appeal lies from an order denying reargument are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motions by the respondents Raymond Labella and Naomi Camilleri and by the respondent Wilmington Savings Fund Society, FSB, which are to dismiss the appeals on the ground that the appellant's appendix is inadequate and the CPLR 5531 statement is incorrect, or, in the alternative, to direct the appellant to serve and file a supplemental appellant's appendix containing certain documents, and the cross motion for leave to file a corrected CPLR 5531 statement are granted to the extent that the appellant's brief and appendix are stricken and on or before June 3, 2022, the appellant shall serve and file a replacement brief which contains a CPLR 5531 statement specifying that the appeals are from the order dated March 9, 2021, and the judgments entered March 12, 2021, and April 4, 2021, and a replacement appendix which contains the CPLR 5531 statement specifying that the appeals are from the order dated March 9, 2021, and the judgments entered March 12, 2021, and April 4, 2021, Exhibits C through X to the motion by the respondents Raymond Labella and Naomi Camilleri, dated December 20, 2019, and Exhibits B, C, F through H, L, N through R, V through Z, EE, FF, JJ, LL, NN, OO, QQ, and TT to the motion by the respondent Wilmington Savings Fund Society, FSB, dated February 6, 2020, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and appendix, and upload a digital copy of the replacement brief and appendix, with proof of service thereof, through the digital portal on this Court's website, and those branches of the motions and the cross motion are otherwise denied; and it is further,

ORDERED that the branches of the motions by the respondents Raymond Labella and Naomi Camilleri and by the respondent Wilmington Savings Fund Society, FSB, which are to extend the time to serve and file their respective respondents' briefs are granted, and on or before July 5, 2022, the respondents shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs and upload a digital copy of their briefs, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., ROMAN, MALTESE and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court