Appellate Division: Second Judicial Department

M305188

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

PHILLIP HOM, JJ.

2023-06955, 2025-03042, 2025-04387 Bank of America, etc., respondent, v Jumaane Williams, appellant, et al., defendants. (Index No. 510158/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated March 27, 2023, and July 9, 2024, respectively, and an order and judgment (one paper) dated July 9, 2024. Motion by the respondent to dismiss the appeal from the order dated March 27, 2023, on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241). Motion by the appellant to consolidate the appeals. Separate motion by the appellant to stay enforcement of the order and judgment, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion by respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motions by appellant and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent to dismiss the appeal from the order dated March 27, 2023, 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 consolidate the appeals is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated March 27, 2023, are deemed also to be filed in connection with the appeals from the order and the order and judgment both dated July 9, 2024, on or before June 27, 2025, the parties shall file digital replacement copies of the record and briefs which contain Appellate Division Docket Nos. 2025-03042 and 2025-04387 in addition to Appellate Division Docket No. 2023-06955 via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the record and briefs that contain the corrected covers, with proof of service thereof, through the digital portal on this Court's website, and on or before June 27, 2025, the appellant shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeals from the order and the order and judgment both dated July 9, 2024, and a supplemental record which contains any papers constituting the record on appeal from the order and the order and judgment both dated July 9, 2024, that are not already contained in the record filed in connection with the appeal from the order dated March 27, 2023, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental brief and supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the appeals from order and the order and judgment both dated July 9, 2024 will be heard on submission, no oral argument shall be permitted; and it is further,

ORDERED that the motion by the appellant to stay enforcement of the order and judgment is denied.

BARROS, J.P., WOOTEN, FORD and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court