Appellate Division: Second Judicial Department

M309450

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-05881 Banc of America Funding Corporation, etc., respondent, v Philipose K. Joseph, et al., appellants, et al., defendants. (Index No. 1827/2017)

DECISION & ORDER ON MOTION

2024-13447

Banc of America Funding Corporation, etc.,

respondent, v Philipose K. Joseph, et al.,

appellants, et al., defendants.

(Index No. 1827/2017)

2025-01423

Banc of America Funding Corporation, etc.,

respondent, v Philipose K. Joseph, et al.,

appellants, et al., defendants.

(Index No. 1827/2017)

Appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated January 29, 2024, and two orders of the same court dated September 24, 2024, and December 23, 2024, respectively. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, in effect, to stay the sale of the subject property, pending hearing and determination of the appeals. Separate motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment and, in effect, to extend the time to perfect that appeal. Motion by the respondent to dismiss the appeals from the orders dated September 24, 2024 and December 23, 2024, on the ground that the right of direct appeal from the orders terminated upon entry of the order and judgment or, in the alternative, to consolidate the appeals and to extend the time to serve and file a brief. Cross-motion by the appellants to deem the notices of appeal from the orders to be a premature notice of appeal from the order and judgment. Separate motion by the respondent to dismiss the appeals from the orders dated September 24, 2024, and December 23, 2024, on the ground that the right of direct appeal from the orders terminated upon entry of the order and judgment or, in the alternative, to direct the appellants the serve and file a supplemental record to include certain material and to extend the time to serve and file a brief.

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

ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment and, in effect, to extend the time to perfect the appeal is granted, the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 26, 2025, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension shall be granted to the appellants to perfect the appeal from the order and judgment; and it is further,

ORDERED that the branches of the motions by the respondent which are to extend the time to serve and file respondent's briefs on the appeals from the orders is granted, and on or before January 26, 2026, the respondent shall serve and file the respondent's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by the respondent which is to direct the appellant to serve and file a supplemental record on the appeal from the order dated September 24, 2024, is granted, and on or before December 26, 2025, the appellant shall serve and file a supplemental record under Appellate Division Docket No. 2024-13447 containing Supreme Court NYSCEF Document Nos. 3 through 27, 29 through 36, 118, and 120 via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by the respondent which is to direct the appellant to serve and file a supplemental record on the appeal from the order dated December 23, 2024, is granted, and on or before December 26, 2025, the appellant shall serve and file a supplemental record under Appellate Division Docket No. 2025-01423 containing Supreme Court NYSCEF Document Nos. 4 through 5, 34 through 35, 41, 44, 52 through 54, and 64 via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions and cross-motion are otherwise denied.

DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court