Appellate Division: Second Judicial Department

M294115

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-10697 Santander Bank, N.A., respondent, v Chef's Orchid-The Grille, Inc., et al., appellants. (Index No. 722639/2022)

DECISION & ORDER ON MOTION

2023-10699

Santander Bank, N.A., respondent,

v Chef's Orchid-The Grille, Inc., et al.,

appellants.

(Index No. 722639/2022)

Appeals from an order of the Supreme Court, Queens County, dated July 14, 2023, and a judgment of the same court dated August 24, 2023, respectively. Motion by the appellants to consolidate the appeals and to extend the time to perfect the appeals. Separate motion by the appellants to stay enforcement of the judgment, pending hearing and determination of the appeals.

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

ORDERED that the motion to stay enforcement of the judgment is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order is dismissed

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); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to extend the time to perfect the appeal from the order are denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, and on or before April 9, 2024, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court