Appellate Division: Second Judicial Department

M289547

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2020-03500, 2020-03502 Bank of New York Mellon, etc., respondent, v John Wolfram, et al., defendants-appellants, et al., defendants; Raymond Wolfram, et al., nonparty-appellants. (Index No. 606831/2016)

DECISION & ORDER ON MOTION

2021-08584, 2021-08585

Bank of New York Mellon, etc., respondent,

v John Wolfram, et al., defendants-appellants,

et al., defendants.

(Index No. 606831/2016)

Appeals from two orders of the Supreme Court, Suffolk County, both dated December 6, 2019, an order of the same court dated October 1, 2021, and an order and judgment (one paper) of the same court entered October 20, 2021, respectively. The appeal from the order dated October 1, 2021, and the order and judgment, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeals from the orders dated December 6, 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. Cross-motion by the appellants, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, and 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 cross-motion is granted to the extent that the dismissal of the appeal from the order and judgment is vacated, the appeals from the orders dated December 6, 2019, are consolidated with the appeal from the order and judgment, the record and briefs filed in connection with the appeals from the orders dated December 6, 2019, are deemed also to be filed in connection with the appeal from the order and judgment, on or before July 17, 2023, the parties shall serve and file, via NYSCEF, replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2021-08585 in addition to Appellate Division Docket Nos. 2020-03500 and 2020-03502, and on or before July 17, 2023, the appellant shall serve and file, via NYSCEF, a supplemental record which contains the order and judgment, and the notice of appeal from the order and judgment, and the cross-motion is otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeals from the orders dated December 6, 2019, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

BRATHWAITE NELSON, J.P., FORD, DOWLING and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court