Opinion
2021-66817 (Index 711762/2015)
05-28-2021
HSBC Bank USA, N.A., respondent, v. Elaine E. Blair-Walker, etc., appellant, et al., defendants. Motion Nos. 2017-12899, 2018-12599, 2019-10047
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J. SYLVIA O. HINDS-RADIX FRANCESCA E. CONNOLLY LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 10, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeals from two orders of the Supreme Court, Queens County, one dated April 28, 2017, and one entered August 17, 2018, and an order and judgment (one paper) of the same court entered January 31, 2019. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated March 24, 2021, the parties to the appeal from the order dated April 28, 2017, were directed to show cause before this Court why an order should or should not be made and entered dismissing that appeal on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the order and 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 order and judgment is vacated pursuant to 22 NYCRR 1250.10(c), the appeals from the orders and the order and judgment are consolidated, the records and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the other appeals, on or before June 23, 2021, the appellant shall submit corrected covers for the records and briefs filed with the Clerk of the Court in connection with the appeals from the orders which contain all three Appellate Division Docket Nos. and upload digital copies of the replacement records and briefs through the digital portal on this Court's website, which contain the corrected covers, and the appellant shall serve a supplemental record containing the order and judgment and the notice of appeal from the order and 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 to dismiss the appeal from the order dated April 28, 2017, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
LASALLE, P.J., HINDS-RADIX, CONNOLLY and CHRISTOPHER, JJ., concur.