Opinion
2021-75618 Index 12076/2013
12-08-2021
BNY Mellon, respondent, v. John Barone, appellant. Motion Nos. 2018-01184, 2018-01185, 2019-12194, 2019-12195
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P., BETSY BARROS, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeals from three orders of the Supreme Court, Kings County, two dated October 3, 2017, and one dated May 22, 2019, and a judgment of the same court also dated May 22, 2019. The appeals from the order dated May 22, 2019, and the judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated September 20, 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 appeals from the orders dated October 3, 2017, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the judgment. Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the order dated May 22, 2019, and the judgment, and to consolidate those appeals with the appeals from the orders dated October 3, 2017.
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 motion to dismiss the appeals from the orders dated October 3, 2017, 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 branches of the appellant's motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to consolidate that appeal with the appeals from the orders dated October 3, 2017, are granted, the dismissal of the appeal from the judgment is vacated, the record and briefs filed in connection with the appeals from the orders dated October 3, 2017, are deemed also to be filed in connection with the appeal from the judgment, and on or before January 7, 2022, the parties shall upload replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2019-12194 in addition to Appellate Division Docket Nos., 2018-01185, through the digital portal on this Court's website, and on or before January 7, 2022, the appellant shall serve a supplemental record which contains the judgment and the notice of appeal from the judgment, and 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 the motion is otherwise denied.
MILLER, J.P., BARROS, BRATHWAITE NELSON and WOOTEN, JJ., concur.