Appellate Division: Second Judicial Department

M311033

ECQ/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2018-13041, 2018-14064, 2020-09650, 2020-09652 Bank of America, N.A., respondent, v Robert Maddox, etc., appellant, et al., defendants. (Index No. 78/2014)

DECISION & ORDER ON MOTION

2025-08816

Bank of America, N.A., respondent,

v Robert Maddox, etc., appellant,

et al., defendants.

(Index No. 78/2014)

2025-10948

Bank of America, N.A., respondent,

v Robert Maddox, etc., appellant,

et al., defendants.

(Index No. 78/2014)

Appeals from four orders of the Supreme Court, Suffolk County, dated July 19, 2018 (two orders), March 5, 2020, and June 20, 2025, respectively, an order and judgment (one paper) of the same court also dated March 5, 2020, and an order and judgment (one paper) of the same court dated June 23, 2025. By order to show cause dated September 26, 2025, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the order and judgment dated March 5, 2020, on the ground it has been rendered academic and/or on the ground it has been superceded by the order and judgment dated June 23, 2025, and why an order should or should not be made and entered dismissing the appeals from the orders dated July 19, 2018, and March 5, 2020, on the ground that the right of direct appeal from those orders terminated upon entry of the order and judgment dated June 23, 2025 (see Matter of Aho, 39 NY2d 241). Motion by the appellant, in effect, to stay enforcement of the order and judgment dated June 23, 2025, including the sale of the subject property, pending hearing and determination of the appeals, and to consolidate the appeals from the orders dated July 19, 2018, and March 5, 2020, and the order and judgment dated March 5, 2020, with the appeal from the order and judgment dated June 23, 2025.

Now, upon the order to show cause and no papers having been filed in response or in opposition thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order and judgment dated March 5, 2020, on the ground it has been rendered academic and/or on the ground it has been superceded by the order and judgment dated June 23, 2025, and to dismiss the appeals from the orders dated July 19, 2018, and March 5, 2020, on the ground that the right of direct appeal from those orders terminated upon entry of the order and judgment dated June 23, 2025, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon submission thereof; and it is further,

ORDERED that on the Court's own motion the appeal from the order dated June 20, 2025, is dismissed, without costs or disbursements, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the order and judgment dated June 23, 2025 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion by the appellant which is to consolidate the appeals from the orders dated July 19, 2018, and March 5, 2020, and the order and judgment dated March 5, 2020, with the appeal from the order and judgment dated June 23, 2025, is granted, the appeals from the orders dated July 19, 2018, and March 5, 2020, and the order and judgment dated March 5, 2020, are consolidated with the appeal from the order and judgment dated June 23, 2025, the record and briefs filed in connection with the appeals from the orders dated July 19, 2018, and March 5, 2020, and the order and judgment dated March 5, 2020, are deemed also to be filed in connection with the appeal from the order and judgment dated June 23, 2025, the parties shall file digital replacement copies of the record and briefs which contain Appellate Division Docket No. 2025-10948 in addition to Appellate Division Docket Nos. 2018-13041, 2018-14064, 2020-09650, and 2020-09652 on the covers 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 March 4, 2026, the appellant shall serve and file, via NYSCEF, a supplemental record which contains any papers constituting the record on appeal from the order and judgment dated June 23, 2025, that are not already contained in the record filed in connection with the appeals from the orders dated July 19, 2018, and March 5, 2020, and the order and judgment dated March 5, 2020, via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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 on the Court's own motion, the appeal from the order and judgment dated June 23, 2025, will be heard on submission, and no oral argument shall be permitted; and it is further,

ORDERED that the branch of the motion by the appellant which is, in effect, to stay enforcement of the order and judgment dated June 23, 2025, including the sale of the subject property, is granted and enforcement of the order and judgment dated June 23, 2025, including the sale of the subject property, is stayed, pending hearing and determination of the appeals.

BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court