Appellate Division: Second Judicial Department

M308606

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2025-01172 Deutsche Bank National Trust Company, etc., respondent, v Michael Idarecis, appellant. (Index No. 3497/2011)

DECISION & ORDER ON MOTION

2025-02468

Deutsche Bank National Trust Company, etc.,

respondent, v Michael Idarecis, appellant.

(Index No. 3497/2011)

Appeals from an order of the Supreme Court, Nassau County, dated November 27, 2024, and a judgment of the same court entered January 3, 2025. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by James J. Quail & Associates, inter alia, to relieve Stephen C. Silverberg, PLLC as counsel for the appellant and to be substituted as counsel for the appellant. 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 of the judgment. Cross-motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, and to extend the time to perfect the appeal from the judgment.

Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by James J. Quail & Associates which is to relieve Stephen C. Silverberg, PLLC as counsel for the appellant and to be substituted as counsel for the appellant is granted, and James J. Quail & Associates, 5550 Merrick Road, Suite 300A, Massapequa, NY 11758 is substituted as counsel for the appellant; and it is further,

ORDERED that the motion by James J. Quail & Associates is otherwise denied; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal from the order is granted and the appeal from the order is dismissed (see Matter of Aho, 39 NY2d 241), without costs or disbursements; and it is further,

ORDERED that the branches of the cross-motion which are, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to extend the time to perfect the appeal from the judgment are granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 14, 2025, 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; and it is further,

ORDERED that the cross-motion is otherwise denied.

DUFFY, J.P., MILLER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court