Appellate Division: Second Judicial Department

M272136

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-12865 Gregory Reddick, appellant, v Terrence Hickey, et al., respondents. (Index No. 701518/2017)

DECISION & ORDER ON MOTION

2020-00114

Gregory Reddick, appellant,

v Terrence Hickey, et al., respondents.

(Index No. 701518/2017)

Appeals from an order of the Supreme Court, Queens County, dated August 27, 2019, and a judgment of the same court entered December 23, 2019. Motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the record and the appellant's brief filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, on or before August 26, 2020, the appellant shall initialize NYSCEF with respect to Appellant Division Docket No. 2020-00114 and shall file a digital replacement record and a digital replacement appellant's brief via NYSCEF under Appellate Division Docket No. 2020-00114 that contain covers which include Appellate Division Docket No. 2020-00114, and omit Appellate Division Docket No. 2019-12865, submit corrected covers for the hard copies of the record and the appellant's brief filed with the Clerk of this Court, and serve and file a supplemental record via NYSCEF under Appellate Division Docket No. 2020-00114 that contains the judgment and the notice of appeal from the judgment, and file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondents' time to serve and file a brief via NYSCEF under Appellate Division Docket No. 2020-00114 is extended until September 25, 2020, and the respondents shall file the original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court