Appellate Division: Second Judicial Department

M299285

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LOURDES M. VENTURA, JJ.

2022-03917, 2023-10429 U.S. Bank, National Association, etc., respondent, v John Faracco, appellant, et al., defendants. (Index No. 23325/2012)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated April 20, 2022, and an order and judgment (one paper) of the same court dated July 20, 2023. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment, and to dismiss the appeal from the order and judgment on the ground that the order and judgment was entered upon the default of the appealing party. By order to show cause dated July 17, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals for failure to comply with a decision and order on motion of this Court dated February 9, 2024, and the motion by the respondent was held in abeyance in the interim. Motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated February 9, 2024.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions by the respondent and the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated February 9, 2024, is denied; and it is further,

ORDERED that the motion by the respondent to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated February 9, 2024, is granted, and on or before October 18, 2024, the appellant shall serve and file, via NYSCEF, replacement digital copies of the appendix and briefs which contain Appellate Division Docket No. 2023-10429 in addition to Appellate Division Docket No. 2022-03917 on the covers, and the appellant shall serve and file a supplemental appendix containing the order and judgment and the notice of appeal from the order and judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., MILLER, CHRISTOPHER and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court