Appellate Division: Second Judicial Department

M286005

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2019-14406, 2022-00174 JPMorgan Chase Bank, N.A., respondent, v Craig Horsfield, etc., et al., appellants, et al., defendants. (Index No. 601039/2019)

DECISION & ORDER ON MOTION

2022-04922

JPMorgan Chase Bank, N.A., respondent,

v Craig Horsfield, etc., et al., appellants,

et al., defendants.

(Index No. 601039/2019)

2022-05838

JPMorgan Chase Bank, N.A., respondent,

v Craig Horsfield, etc., et al., appellants,

et al., defendants.

(Index No. 601039/2019)

Appeals from three orders of the Supreme Court, Suffolk County, dated November 18, 2019, December 19, 2019, and June 2, 2022, respectively, and from an order and judgment (one paper) of the same court dated June 2, 2022. Motion by the respondent to dismiss the appeals from the orders dated November 18, 2019, and December 19, 2019, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241). Cross motion by the appellants to consolidate the appeals.

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

ORDERED that the motion by the respondent to dismiss the appeals from the orders dated November 18, 2019, and December 19, 2019, is 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 cross motion by the appellants to consolidate the appeals is granted, the record and briefs filed in connection with the appeals from the orders dated November 18, 2019, and December 19, 2019, are deemed to also be filed in connection with the appeals from the order dated June 2, 2022, and the order and judgment dated June 2, 2022, on or before December 19, 2022, the parties shall serve and file, via NYSCEF, digital replacement copies of the record and briefs which contain Appellate Division Docket Nos. 2022-04922 and 2022-05838 in addition to Appellate Division Docket No. 2019-14406 and 2020-00174, and the appellants shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeals from the order dated June 2, 2022, and the order and judgment dated June 2, 2022, and a supplemental record which contains any papers constituting the record on appeal from the order dated June 2, 2022, and the order and judgment dated June 2, 2022, that are not contained in the record filed in connection with the appeals from dated November 18, 2019, and December 19, 2019.

CONNOLLY, J.P., CHRISTOPHER, FORD and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court