Appellate Division: Second Judicial Department

M291029

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2019-14119, 2019-14120, 2023-00392 Wells Fargo Bank, NA, etc., respondent, v Patrick Brown, appellant, et al., defendants. (Index No. 16936/2007)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, both entered September 9, 2019, and an order and judgment (one paper) of the same court entered October 27, 2022. By order to show cause dated May 17, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241). Motion by the appellant, inter alia, to consolidate the appeals from the orders with the appeal from the order and judgment and for leave to serve and file a supplemental brief containing points of argument in connection with the appeal from the order and judgment.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion 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 that the branches of the appellant's motion which are to consolidate the appeals from the orders with the appeal from the order and judgment and for leave to serve and file a supplemental brief containing points of argument in connection with the appeal from the order and judgment are granted, the appeals from the orders are consolidated with the appeal from the order and judgment, and the motion is otherwise denied; and it is further,

ORDERED that the record and briefs filed in connection with the appeal from the orders are deemed also to be filed in connection with the appeal from the order and judgment, on or before October 13, 2023, the parties shall file digital replacement copies of the record and briefs which contain Appellate Division Docket No. 2023-00392 in addition to Appellate Division Docket Nos. 2019-14119 and 2019-14120 via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the 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 October 13, 2023, the appellant shall serve and file a supplemental brief containing any points of argument in connection with the appeal from the order and judgment and a supplemental record which contains any papers constituting the record on appeal from the order and judgment that are not contained in the record filed in connection with the appeals from the orders via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental brief and supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the appeal from the order and judgment will be heard on submission.

BARROS, J.P., BRATHWAITE NELSON, FORD and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court