Opinion
Motion No. 2021-07018 Index No. 1729/2010
04-17-2024
JPMorgan Chase Bank, National Association, respondent, v. Roger V. Rowe, etc., appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
M295829
MARK C. DILLON, J.P. ROBERT J. MILLER DEBORAH A. DOWLING HELEN VOUTSINAS, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated September 21, 2021. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated September 21, 2021, or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant, inter alia, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further, ORDERED that the cross-motion is granted to the extent that the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), and on or before May 17, 2024, the appellant shall serve and file a supplemental appendix containing the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website, and the cross-motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before June 17, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., MILLER, DOWLING and VOUTSINAS, JJ., concur.