Appellate Division: Second Judicial Department

M288604

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2016-11897 Ronald Frankel, respondent, v 59 Sands Point, LLC, et al., appellants, et al., defendants. (Index No. 8597/2014)

DECISION & ORDER ON MOTION

2019-00016

Hudson City Savings Bank, appellant,

v 59 Sands Point, LLC, et al., respondents.

(Index No. 8768/2013)

2019-00491

Ronald Frankel, plaintiff-respondent,

v 59 Sands Point, LLC, et al., defendants-respondents,

Hudson City Savings Bank, appellant.

(Index No. 8597/2014)

Appeals from two orders of the Supreme Court, Nassau County, dated September 20, 2016, and October 15, 2018, and a judgment of the same court dated November 20, 2018. Motion by the respondent Ronald Frankel to dismiss the appeals on the ground that they have been rendered academic, or, in the alternative, to dismiss the appeals from the order dated September 20, 2016, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Motion by the appellant Hudson City Savings Bank to consolidate its appeal from the judgment with its appeal from the order dated October 15, 2018, and to extend the time to perfect those appeals.

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

ORDERED that on the Court's own motion, the notice of appeal by the appellants 59 Sands Point, LLC, 513 Central Park, LLC, Eve Strausman Winston, and Jonathan Winston from the order dated September 20, 2016, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), and that appeal shall be prosecuted under Appellate Division Docket No. 2019-00491; and it is further,

ORDERED that on the Court's own motion, the appeal by the appellant Hudson City Savings Bank from the order dated September 20, 2016, is consolidated with the appeals from the judgment; and it is further,

ORDERED that the joint record and briefs filed in connection with the appeals from the order dated September 20, 2016, are deemed also to be filed in connection with the appeals from the judgment, on or before May 26, 2023, the parties shall file digital replacement copies of the joint record and briefs which contain Appellate Division Docket No. 2019-00491 in addition to Appellate Division Docket No. 2016-11897 via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the joint record and briefs that contain the corrected covers, with proof of service thereof, through the digital portal on this Court's website, and on or before May 26, 2023, the appellants shall serve and file a supplemental joint record containing the judgment and the notice of appeal by the appellant Hudson City Savings Bank from the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental joint 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 by the respondent Ronald Frankel which is to dismiss the appeal by the appellant Hudson City Savings Bank from the order dated September 20, 2016, on the ground that the right of direct appeal from the order terminated upon entry of the judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof, and the motion by the respondent Ronald Frankel is otherwise denied; and it is further,

ORDERED that the branch of the motion by the appellant Hudson City Savings Bank which is to consolidate its appeal from the judgment with its appeal from the order dated October 15, 2018, is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated October 15, 2018, and the appeals from the order dated September 20, 2016, and the judgment will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by the appellant Hudson City Savings Bank which is to extend the time to perfect its appeal from the order dated October 15, 2018, is granted, and on or before May 26, 2023, the appellant Hudson City Savings Bank shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., GENOVESI, VOUTSINAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court