| Bank of New York Mellon v Celestin |
| Motion No: 2022-03475 |
| Slip Opinion No: 2024 NY Slip Op 61242(U) |
| Decided on January 26, 2024 |
| 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
M293806
AFA/
VALERIE BRATHWAITE NELSON, J.P.
DEBORAH A. DOWLING
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2022-03475 Bank of New York Mellon, etc., respondent, v Mona Celestin, et al., defendants, Alberte Laguerre, appellant. (Index No. 33248/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Rockland County, dated March 28, 2022. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated March 15, 2023. Cross-motion by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment and to extend the time to serve and file a reply 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 respondent to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the cross-motion which is , in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, and on or before February 26, 2024, the appellant shall serve and file a supplemental record containing the order and 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 cross-motion which is to extend the time to serve and file a reply brief is granted, and on or before February 26, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court