Appellate Division: Second Judicial Department

M303797

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2024-03597 HSBC Bank USA, National Association, etc., respondent, v Earl Cadwell, etc., et al., appellants, et al., defendants. (Index No. 610990/2020)

DECISION & ORDER ON MOTION

2024-08067

HSBC Bank USA, National Association, etc.,

respondent, v Earl Cadwell, etc., et al., appellants,

et al., defendants.

(Index No. 610990/2020)

2024-12028, 2024-12393

HSBC Bank USA, National Association, etc.,

respondent, v Earl Cadwell, etc., et al., appellants,

et al., defendants.

(Index No. 610990/2020)

Appeals from three orders of the Supreme Court, Suffolk County, dated January 8, 2024, June 14, 2024, and October 11, 2024, respectively, and an order and judgment (one paper) of the same court dated October 11, 2024. By order to show cause dated December 2, 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 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. Application by the appellant Earl Cadwell to withdraw his appeal from the order dated January 8, 2024. Application by the appellant Loretta Cadwell to withdraw her appeal from the order dated January 8, 2024. Motion by the appellant Earl Cadwell to consolidate the appeals from the orders dated January 8, 2024, and June 14, 2024. Motion by the appellant Earl Cadwell to take judicial notice of certain material. Separate motion by the appellant Earl Cadwell to take judicial notice of certain material.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the applications, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the applications to withdraw the appeal from the order dated January 8, 2024, are granted, and the appeal from the order dated January 8, 2024, is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 8, 2024, is denied as academic; it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 14, 2024, is granted, and the appeal from the order dated June 14, 2024, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion by the appellant Earl Cadwell to consolidate the appeals from the orders dated January 8, 2024, and June 14, 2024, and the branches of the motions by the appellant Earl Cadwell which are to take judicial notice of certain material on the appeals from the orders dated January 8, 2024, and June 14, 2024, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated October 11, 2024, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals from the order dated October 11, 2024, and the order and judgment are consolidated, the record and brief filed in connection with the appeal from the order is deemed also to be filed in connection with the appeal from the order and judgment, and on or before April 23, 2025, the appellants shall serve and file, via NYSCEF, a replacement brief which contains Appellate Division Docket No. 2024-12393 in addition to Appellate Division Docket No. 2024-12028 on the cover, and a replacement appendix which also contains the order and judgment, the notice of appeal from the order and judgment, and Appellate Division Docket No. 2024-12393 in addition to Appellate Division Docket No. 2024-12028 on the cover; and it is further,

ORDERED that the branches of the motions by the appellant Earl Cadwell to take judicial notice of certain material on the appeals from the order dated October 11, 2024, and the order and judgment are denied.

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court