Opinion
2019-11515 2020-00849
07-19-2021
Wilson 3 Corp., et al., respondents, v. Deutsche Bank National Trust Company, appellant (and a third-party action). (Index No. 503180/2016) Wilson 3 Corp., et al., respondents, v. Deutsche Bank National Trust Company, appellant (and a third-party action). (Index No. 503180/2016)
CHERYL E. CHAMBERS, J.P. ROBERT J. MILLER FRANCESCA E. CONNOLLY VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Kings County, dated September 24, 2019, and an order and judgment (one paper) of the same court dated December 9, 2019, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals is granted and the dismissal of the appeals is vacated; and it is further, ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment (see Matter of Aho, 39 N.Y.2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the order and judgment; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeals is denied as academic as to the appeal from the order and granted as to the appeal from the order and judgment, and on or before September 17, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no further extension of time to perfect the appeal from the order and judgment shall be granted.
CHAMBERS, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.