Appellate Division: Second Judicial Department

M300555

KS/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2022-10534, 2024-07042 HSBC Bank, USA, respondent, v Yevgeniy Gibatov, et al., appellants, et al., defendants. (Index No. 12545/2007)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated November 4, 2022, and an order and judgment (one paper) of the same court dated January 22, 2024. Motion by the appellants to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment 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 motion is granted to the extent that the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, on or before December 6, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2024-07042 in addition to Appellate Division Docket No. 2022-10534 on the covers, and on or before December 6, 2024, the appellant shall serve and file via NYSCEF a supplemental brief containing any points of argument in connection with the appeal from the order and judgment, and shall serve and file, via NYSCEF, a replacement record which also contains the judgment, the notice of appeal from the judgment, any papers constituting the record on appeal from the judgment, and Appellate Division Docket No. 2024-07042 in addition to Appellate Division Docket No. 2022-10534 on the cover, and the motion is otherwise denied.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court