Appellate Division: Second Judicial Department

M308255

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

LAURENCE L. LOVE

SUSAN QUIRK, JJ.

2024-00094, 2025-00642 Fifth Third Bank, National Association, respondent, v 9 Commodore Circle, LLC, appellant, et al., defendants. (Index No. 600753/2023)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated November 9, 2023, and an order and judgment (one paper) of the same court dated November 1, 2024. 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 in the above-entitled action of an order and judgment (one paper) of the same court dated September 30, 2024, or, in the alternative, to extend the time to serve and file a brief. Motion by the appellant to consolidate the appeals, to deem the record and brief filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment dated November 1, 2024, in effect, for leave to file a replacement brief which contains Appellate Division Docket No. 2025-00642 in addition to Appellate Division Docket No. 2024-00094 on the cover, and to file a supplemental record containing the order and judgment dated November 1, 2024. Application to extend the time to perfect the appeal from the order and judgment dated November 1, 2024.

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

ORDERED that the motion by the appellant is granted, the appeals are consolidated, the record and brief 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 dated November 1, 2024, and on or before October 29, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief which contains Appellate Division Docket No. 2025-00642 in addition to Appellate Division Docket No. 2024-00094 on the cover, and a replacement record which contains the order and judgment dated November 1, 2024 and the notice of appeal from the order and judgment dated November 1, 2024 and Appellate Division Docket No. 2025-00642 in addition to Appellate Division Docket No. 2024-00094 on the cover; and it is further,

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the order is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before December 1, 2025, 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 application by the appellant is denied as unnecessary.

BARROS, J.P., WOOTEN, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court