| U.S. Bank National Association v Meyer |
| Motion No: 2021-06623 |
| Slip Opinion No: 2024 NY Slip Op 66308(U) |
| Decided on April 19, 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
M295859
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2021-06623, 2021-06624 U.S. Bank National Association, etc., respondent, v Melissa F. Meyer, et al., appellants, et al., defendants. (Index No. 41759/2008)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Suffolk County, both dated October 16, 2020. Motion by the appellants to deem the notice of appeal from the orders to be a premature notice of appeal from a judgment of the same court dated June 5, 2023.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the notice of appeal from the orders is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, the appeal from the judgment shall be prosecuted under Appellate Division Docket No. 2021-06623, and not under Appellate Division Docket No. 2021-06624, and on or before May 6, 2024, (1) the parties shall file, via NYSCEF, replacement copies of the record and briefs that do not contain Appellate Division Docket No. 2021-06624, and (2) the appellants shall serve and file a supplemental record containing the judgment via NYSCEF.
IANNACCI, J.P., GENOVESI, FORD and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court