Appellate Division: Second Judicial Department

M270433

kbp/

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2018-02737 Wafa Daoud, respondent, v Bashir Haj Daoud, appellant. (Index No. 200798/15)

DECISION & ORDER ON MOTION

Motion by the respondent for a preference in the calendaring of an appeal from a decision of the Supreme Court, Nassau County, dated December 21, 2017. By order to show cause dated January 16, 2020, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies from a decision. Motion by the appellant to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court entered April 17, 2018.

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

ORDERED that the appellant's motion is granted (see CPLR 5520[c]), and on or before April 17, 2020, the appellant shall serve and file a supplemental record containing the judgment.

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court