Opinion
2021-72676 Motion 2021-00214 2021-04499
10-06-2021
Deutsche Bank National Trust Company, etc., Appellant, v. 31 Yates Avenue Land Trust, etc., Respondent, et al., Defendants. Index No. 50608/2020
Unpublished Opinion
MOTION DECISION
SYLVIA O. HINDS-RADIX, J.P., VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Dutchess County, dated December 4, 2020, and June 14, 2021. Motion by the respondent to dismiss the appeal from the order dated December 4, 2020, on the ground that it has been rendered academic or has been superseded by the order dated June 14, 2021, or, in the alternative, in effect, to consolidate the appeals and to extend the respondent's time to serve and file a brief. Cross motion by the appellant to consolidate the appeals and for leave to file corrected covers of the record and briefs and serve and file a supplemental record containing the order dated June 14, 2021, and the notice of appeal from that order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals and the cross motion are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated December 4, 2020, are deemed also to be filed in connection with the appeal from the order dated June 14, 2021, on or before November 5, 2021, the parties shall submit covers for copies of the record and briefs filed with the Clerk of this Court that contain Appellate Division Docket No. 2021-04499, in addition to Appellate Division Docket No., and file, via NYSCEF, replacement copies of the record and briefs which contain the corrected covers, and on or before November 5, 2021, the appellant shall serve and file, via NYSCEF, a supplemental record containing the order dated June 14, 2021, and the notice of appeal from that order; and it is further, ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 4, 2020, 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 branch of the motion which is to extend the respondent's time to serve and file a brief is denied as unnecessary as the respondent's brief was timely served and filed.
HINDS-RADIX, J.P., BRATHWAITE NELSON, IANNACCI and ZAYAS, JJ., concur.