| MTGLQ Investors, L.P. v Dwyer |
| Motion No: 2025-00432 |
| Slip Opinion No: 2025 NY Slip Op 83299(U) |
| Decided on December 29, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M310360
DF/
CHERYL E. CHAMBERS, J.P.
HELEN VOUTSINAS
CARL J. LANDICINO
LAURENCE L. LOVE, JJ.
|
2025-00432, 2025-09558 MTGLQ Investors, L.P., respondent, v Norma Dwyer, appellant, et al., defendants. (Index No. 130735/2012)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Richmond County, dated December 6, 2024, and an order and judgment (one paper) of the same court dated June 17, 2025. Motion by the respondent, in effect, to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon the entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241) or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to consolidate the appeals.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order 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 cross-motion 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, on or before January 28, 2026, the appellant shall serve and file, via NYSCEF, a replacement record which also contains the order and judgment and the notice of appeal from the order and judgment and replacement copies of the record and brief which contain Appellate Division Docket No. 2025-09558 in addition to Appellate Division Docket No. 2025-00432, on the covers; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before February 27, 2026, 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.
CHAMBERS, J.P., VOUTSINAS, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court