Appellate Division: Second Judicial Department

M286316

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

JANICE A. TAYLOR, JJ.

2021-07374, 2022-00115 Kanwaldeep Kalsi, appellant, v Namrita Purewal, respondent. (Index No. 5035/2017)

DECISION & ORDER ON MOTION

2022-03930

Kanwaldeep Kalsi, appellant,

v Namrita Purewal, respondent.

(Index No. 5035/2017)

Appeals from two orders of the Supreme Court, Suffolk County, dated September 24, 2021, and December 23, 2021, respectively, and a judgment of the same court dated April 14, 2022. Motion by the appellant to consolidate the appeals from the orders with the appeal from the judgment, and for leave to serve and file a supplemental brief containing points of argument in connection with the appeal from the judgment. Cross motion by the respondent to dismiss the appeals from the orders on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), or, in the alternative, for an extension of time to serve and file a brief.

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 appellant is granted, the appendix and appellant's brief filed in connection with the appeals from the orders are deemed to also be filed in connection with the appeal from the judgment, on or before January 11, 2023, the appellant shall serve and file, via NYSCEF, digital replacement copies of the appendix and appellant's brief which contain Appellate Division Docket No. 2022-03930 in addition to Appellate Division Docket Nos. 2021-07374 and 2022-00115, and on or before January 11, 2023, the appellant shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeal from the judgment and a supplemental appendix which contains any papers constituting the record on appeal from the judgment, that are not contained in the appendix filed in connection with the appeals from the orders; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders 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 the branch of the cross 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 her 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