Appellate Division: Second Judicial Department

M312075

E/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

JANICE A. TAYLOR

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-00198 M & T Bank, respondent, v Global Sign Cleaning & Maintenance, Inc., defendant, Shaya Brown, appellant. (Index No. 35247/2022)

DECISION & ORDER ON MOTION

2024-11425

M & T Bank, respondent, v Global Sign

Cleaning & Maintenance, Inc., defendant,

Shaya Brown, appellant.

(Index No. 35247/2022)

Appeals from an order of the Supreme Court, Rockland County, dated October 31, 2023, and a judgment of the same court entered September 10, 2024. The appeal from the judgment has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated February 18, 2026, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, in effect, to consolidate the appeals, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, pursuant to 22 NYCRR 1250.10(c) the dismissal of the appeal from the judgment is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before April 3, 2026, the parties shall serve and file, via NYSCEF, replacement record and briefs that contain Appellate Division Docket No. 2024-11425 in addition to Appellate Division Docket No. 2024-00198 on the covers and no other changes, and the appellant shall serve and file, via NYSCEF, a supplemental record containing the judgment and the notice of appeal from the judgment, in the form annexed to the motion papers; and it is further,

ORDERED that on the Court's own motion, the appeal from the judgment will be heard on submission, and no further oral argument shall be permitted; and it is further,

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals.

LASALLE, P.J., CONNOLLY, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court