Appellate Division: Second Judicial Department

M262126

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-12064 In the Matter of CEO Business Brokers, Inc., respondent, v 1431 Utica Avenue Corp., et al., appellants. (Index No. 2927/17)

DECISION & ORDER ON MOTION

2018-09092

In the Matter of CEO Business Brokers, Inc.,

respondent, v 1431 Utica Avenue Corp.,

et al., appellants.

(Index No. 2927/17)

Appeal from an order of the Supreme Court, Queens County, entered September 20, 2017. By order to show cause dated February 14, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing 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 Supreme Court, Queens County, entered May 23, 2018. Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from the judgment, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to deem the record and the briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

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

ORDERED that the motion to dismiss the appeal from the order entered September 20, 2017, is granted, and that appeal is dismissed (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the appellants' motion is granted, the dismissal of the appeal from the judgment, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), is vacated, and on or before May 22, 2019, the appellants shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, correct the covers of the record and briefs filed with the Clerk of this Court in connection with the appeal from the order entered September 20, 2017, to reflect that the appeal is from the judgment, and remove the notice of appeal for the order entered September 20, 2017, from the copies of the record filed with the Clerk of this Court.

DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court