Appellate Division: Second Judicial Department

M297188

AFA/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2021-05900 One West Bank FSB, respondent-appellant, v Elena Fusillo, appellant-respondent. (Index No. 17465/2009)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Westchester County, dated August 2, 2021. Motion by the respondent-appellant 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 April 28, 2023, and to withdraw the cross-appeal. Cross-motion by the appellant-respondent to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

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-appellant is denied; and it is further,

ORDERED that the motion by the appellant-respondent is granted, the notices of appeal from the order are deemed to be premature notices of appeal from the judgment (see CPLR 5520[c]), the joint record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before July 22, 2024, the appellant shall serve and file a supplemental joint record containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint record and upload a digital copy of the supplemental joint record, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court