Motion List released on: April 18, 2019
By Austin, J.P.; Leventhal, Barros and Iannacci, JJ.Deutsche Bank National Trust Company, res, v. Ekaterina Limtcher, etc., defendant-appellant defendants; Ari Barel, nonparty-ap — (and a third-party action). — 2019-03066, 2019-03067Deutsche Bank National Trust Company,respondent, v. Ekaterina Limtcher, etc.,defendant-appellant defendants;Ari Barel, nonparty-appellant.(and a third-party action).(Index No. 607285/15) Motion by the respondent on appeals from two orders of the Supreme Court, Orange County, dated January 18, 2018, and October 12, 2018, respectively, and an order and judgment (one paper) of the same court also dated October 12, 2018, to dismiss the appeal from the order dated January 18, 2018, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment or on the ground that the appellants’ appendix is inadequate and contains matter dehors the record, and to extend the time to serve and file a brief in connection with the appeal from the order dated January 18, 2018. Application pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeals from the order dated October 12, 2018, and the order and judgment.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 application and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal from the order dated October 12, 2018, 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 NY2d 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 dismiss the appeal from the order dated January 18, 2018, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment is granted and the appeal from the order dated January 18, 2018, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,ORDERED that the motion is otherwise denied as academic; and it is further,ORDERED that the application is granted to the extent that the time to perfect the appeal from the order and judgment is extended until May 21, 2019, and the application is otherwise denied as academic; and it is further,ORDERED that on the Court’s own motion, the appellants’ appendix and the appellants’ brief filed in connection with the appeal from the order dated January 18, 2018, will be deemed to be filed in connection with the appeal from the order and judgment if the appellant serves and files a supplemental appellants’ appendix on or before May 21, 2019, containing copies of the order and judgment, the notice of appeal from the order and judgment, and any exhibits annexed to the papers filed in connection with the motion that resulted in the order dated October 12, 2018, which are not contained in the appellants’ appendix (identified as NYSCEF documents 90, 95, 97 through 99, 101, 102, and 108 through 112), corrects the covers of the copies of the appellants’ appendix and the appellants’ brief filed in connection with the appeal from the order dated January 18, 2018, to reflect the Appellate Division Docket No. assigned to the appeal from the order and judgment, and removes pages A3 through A10, and A352 through A357 from the copies of the appellants’ appendix filed with the Clerk of the Court; in the event that the appellants comply with the foregoing, the appeal from the order and judgment shall be deemed timely perfected on the appellants’ appendix, the appellants’ supplemental appendix, and the appellants’ brief, and the respondent may serve and file a brief in response to the appellants’ brief, if any, on or before June 25, 2019.AUSTIN, J.P., LEVENTHAL, BARROS and IANNACCI, JJ., concur.
