Appellate Division: Second Judicial Department

M253892

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2016-10130, 2017-04595, 2017-08693 Globe Trade Capital, LLC, respondent, v Thomas J. Hoey, Jr., et al., appellants, et al., defendants. (Index No. 8495/14)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from three orders of the Supreme Court, Nassau County, entered August 10, 2016, March 21, 2017, and July 6, 2017, respectively, in effect, to direct the appellants to correct the record by replacing page 286, to include certain documents which were omitted from the record, and to strike stated portions of the record on the ground that they contain matter dehors the record. By order to show cause dated May 3, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry of a judgment in the above-entitled action on September 5, 2017.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the notices of appeal from the orders are deemed to be premature notices of appeal from the judgment to the extent that the judgment brings up for review the orders (see CPLR 5520), the record and the parties' briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2016-10130 and not under under Appellate Division Docket Nos. 2017-04595 and 2017-08693, and on or before September 12, 2018, the appellants shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the respondent's motion is granted, and on or before September 12, 2018, the appellants shall (1) replace page 286 of the copies of the record filed with the Clerk of this Court with a copy of the document annexed to the motion papers as Exhibit L, (2) remove from the copies of the record filed with the Clerk of this Court the pages listed in paragraph 21 of the affirmation of Howard B. Kleinberg dated March 14, 2018, filed in support of the motion, and (3) include in the supplemental record set forth above copies of the material listed in paragraph 21 of the affirmation of Howard B. Kleinberg dated March 14, 2018, or serve and file a replacement record containing the corrections set forth above as well as the material to be included in the supplemental record.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court