Appellate Division: Second Judicial Department

M299777

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2022-09849, 2023-02673 LaSalle, etc., respondent, v John Evelyn, appellant, et al., defendants. (Index No. 7490/2008)

DECISION & ORDER ON MOTION

2023-09742

U.S. Bank, National Association, etc., plaintiff,

v New York City Transit Adjudication Bureau,

et al., defendants; John Evelyn, nonparty-appellant,

LaSalle Bank, N.A., etc., nonparty-respondent.

(Index No. 7490/2008)

Appeals from two orders of the Supreme Court, Kings County, dated October 28, 2022, and November 4, 2022, and an order and judgment (one paper) of the same court dated July 26, 2023. Motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment or, in the alternative, to extend the time to serve and file a brief on the appeals from the orders. Motion by the appellant to extend the time to perfect the appeal from the order and judgment.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeals from the orders 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 branch of the respondent's motion which is to extend the time to serve and file a brief is granted, and on or before November 6, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant to extend the time to perfect the appeal from the order and judgment is granted, and on or before November 6, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court