Appellate Division: Second Judicial Department

M270824

kbp/

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-04410, 2019-13265 Donje Jones, appellant-respondent, v City of New York, et al., respondents- appellants. (Index No. 1220/14)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated January 30, 2019, and an appeal from a judgment of the same court dated September 23, 2019, to consolidate their cross appeal from the order with their appeal from the judgment, for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, and to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the respondents-appellants' appeal from the judgment is deemed to be a cross appeal, and the respondents-appellants' cross appeal from the order is deemed to be an appeal; and it is further,

ORDERED that the motion is granted to the extent that the appeal from the order is consolidated with the appeal and cross appeal from the judgment, the joint record and briefs filed under Appellate Division Docket No. 2019-04410 are deemed also to be filed under Appellate Division Docket No. 2019-13265, on or before July 13, 2020, the respondents-appellants shall serve and upload through the digital portal on this Court's website a supplemental joint record containing the judgment and their notice of cross appeal from the judgment, and file with the Clerk of the Court an original and five hard copies of the supplemental joint record in accordance with any applicable administrative order or other order to be issued by the Court, and the motion is otherwise denied; and it is further,

ORDERED that on or before July 13, 2020, the parties shall submit corrected covers for the copies of the joint record and briefs filed with the Clerk of the Court that also contain Appellate Division Docket No. 2019-13265, and upload digital copies of the joint record and briefs through the digital portal on this Court's website that contain the corrected covers.

AUSTIN, J.P., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court