Opinion
2021-70688 Motion 2018-07979 2019-04700
08-25-2021
Charles Andrew Salzberg, et al., appellants, v. Kenneth Sena, et al., respondents, et al., defendant. (Index No. 50399/2016)
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Westchester County, dated June 4, 2018, and a judgment of the same court entered March 15, 2019. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated June 25, 2021, 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.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the dismissal of the appeal from the judgment is vacated pursuant to 22 NYCRR 1250.10(c), the appeals from the order and the judgment are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to also be filed in connection with the appeal from the judgment, on or before September 24, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court which contain Appellate Division Docket No. 2019-04700 in addition to Appellate Division Docket No., and upload digital copies of the record and briefs, via NYSCEF, which contain the corrected covers, and on or before September 24, 2021, the appellant shall initialize the appeal from the judgment for efiling, and serve and file, via NYSCEF, a supplemental record containing the judgment and the notice of appeal from the judgment, with proof of service thereof; 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 for determination upon the argument or submission thereof.
CHAMBERS, J.P., MILLER, WOOTEN and ZAYAS, JJ., concur.