Appellate Division: Second Judicial Department

M231047

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-10331 Park Side Construction Contractors, Inc., respondent, v Bryan's Quality Plus, LLC, defendant third-party plaintiff-appellant, Rossana Storani, et al., defendants-appellants; Darwin National Assurance Company, et al., third-party defendants-respondents. (Index No. 600492/14)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant and defendants-appellants to deem a notice of appeal from a decision of the Supreme Court, Nassau County, entered August 5, 2016, to be a premature notice of appeal from a judgment of the same court entered November 3, 2016, to deem the appellant's appendix and brief filed in connection with the appeal from the decision to be filed in connection with the judgment, and for leave to serve and file a supplemental appellant's appendix containing the judgment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appellant's appendix and brief filed in connection with the appeal from the decision is deemed to be filed in connection with the judgment, and on or before May 26, 2017, the movants shall serve and file a supplemental appellant's appendix containing the judgment.

BALKIN, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court