| Deutsche Bank National Trust Company v Groder |
| Motion No: 2020-02320 |
| Slip Opinion No: 2022 NY Slip Op 74830(U) |
| Decided on November 25, 2022 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M286112
AFA/
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
PAUL WOOTEN, JJ.
|
2020-02320, 2020-02358, 2020-05516 Deutsche Bank National Trust Company, etc., respondent, v Rosemary Groder, appellant, et al., defendant. (Index No. 2588/2015)
| DECISION & ORDER ON MOTION |
Appeals from three orders of the Supreme Court, Nassau County, one dated August 29, 2017, and two dated September 13, 2019. Motion by the appellant to deem the notices of appeal from the orders to be premature notices of appeal from a judgment of the same court dated September 22, 2022, to deem the record and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.
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 notices of appeal from the orders are deemed to be premature notices of appeal from the judgment (see CPLR 5520[c]), the record and briefs filed in connection with the orders are deemed to be filed in connection with the judgment, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2020-02320 and not under Appellate Division Docket Nos. 2020-02358 and 2020-05516, on or before December 27, 2022, (1) the parties shall file replacement copies of the record and briefs that do not contain Appellate Division Docket Nos. 2020-02358 and 2020-05516, and (2) the appellant shall serve and file a supplemental record containing the judgment, by serving the replacement copies of the record and briefs and the supplemental record, and uploading digital copies of same, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., CHAMBERS, MALTESE and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court