| American Express National Bank v Belciu-Kerns |
| Motion No: 2022-00354 |
| Slip Opinion No: 2022 NY Slip Op 75615(U) |
| Decided on December 12, 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
M286331
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
JANICE A. TAYLOR, JJ.
|
2022-00354 American Express National Bank, respondent, v Roxana Belciu-Kerns, etc., et al., appellants. (Index No. 500114/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Putnam County, dated December 20, 2021. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Putnam County, entered December 27, 2021, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal, inter alia, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Putnam County, entered December 27, 2021, is denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512), the record and appellant's brief filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before January 11, 2023, the appellant shall serve and file a supplemental record containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the supplemental record, and uploading a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before March 10, 2023, the respondent shall serve and file its brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., CHAMBERS, MALTESE and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court