Appellate Division: Second Judicial Department

M311953

DF/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

PHILLIP HOM, JJ.

2023-06955, 2025-03042, 2025-04387 Bank of America, etc., respondent, v Jumaane Williams, appellant, et al., defendants. (Index No. 510158/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated March 27, 2023, and July 9, 2024, respectively, and an order and judgment (one paper) dated July 9, 2024. Motion by the respondent to dismiss the appeal from the order dated March 27, 2023, on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241). By decision and order on motion of this Court dated May 28, 2025, the parties were directed to serve and file, via NYSCEF, digital replacement copies of the record and briefs which contain Appellate Division Docket Nos. 2025-03042 and 2025-04387 in addition to Appellate Division Docket No. 2023-06955 and the appellant was directed to serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeals from the order and the order and judgment both dated July 9, 2024, and a supplemental record which contains any papers constituting the record on appeal from the order and the order and judgment both dated July 9, 2024, that are not already contained in the record filed in connection with the appeal from the order dated March 27, 2023, and the respondent's motion to dismiss the appeal from the order dated March 27, 2023, was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof. By order to show cause dated July 25, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals for failure to comply with the decision and order on motion of this Court dated May 28, 2025.

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

ORDERED that the motion by this Court is granted and the appeals are dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated May 28, 2025; and it is further,

ORDERED that the motion by the respondent is denied as academic.

BARROS, J.P., WOOTEN, FORD and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court