Appellate Division: Second Judicial Department

M297490

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2021-08162, 2023-09563 Deutsche Bank National Trust Company Americas, etc., respondent, v Jung Lee, et al., appellants, et al., defendant. (Index No. 705969/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, dated September 29, 2021, and April 17, 2023, respectively. Motion by the appellants to deem the notice of appeal from the order dated September 29, 2021, to be a premature notice of appeal from the order dated April 17, 2023, or, in the alternative, to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated September 29, 2021, are deemed also to be filed in connection with the appeal from the order dated April 17, 2023, and on or before August 2, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the covers, and the appellants shall serve and file, via NYSCEF, a replacement record which contains Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the cover and which also contains the order dated April 17, 2023, and the notice of appeal from the order dated April 17, 2023; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court