Appellate Division: Second Judicial Department

M285032

MB/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2021-06251, 2022-03704 Wilmington Savings Fund Society, FSB, etc., respondent-appellant, v Carol A. Kelly, etc., et al., appellants-respondents, et al., defendants. (Index No. 37064/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated August 24, 2021, and appeal and cross appeal from a judgment of the same court dated May 3, 2022. Motion by Carol A. Kelly and Thomas E. Kelly to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appeal from the order is consolidated with the appeal and cross appeal from the judgment, on or before October 28, 2022, the parties shall file, via NYSCEF, digital copies of the joint record and briefs which contain Appellate Division Docket No. 2022-03704, in addition to Appellate Division Docket No. 2021-06251, and on or before October 28, 2022, Carol A. Kelly and Thomas E. Kelly shall serve and file, via NYSCEF, a supplemental joint record which contains the judgment and the notices of appeal and cross appeal from the judgment; and it is further,

ORDERED that on the Court's own motion, in the event that Carol A. Kelly and Thomas E. Kelly serve and file the supplemental joint record which contains the judgment and the notices of appeal and cross appeal from the judgment, Wilmington Savings Fund Society, FSB may serve and file, via NYSCEF, a replacement answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), on or before November 28, 2022, and, upon the filing of the replacement answering brief, Wilmington Savings Fund Society, FSB's previously filed brief will be stricken.

IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court