Appellate Division: Second Judicial Department

M272772

E/sl

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-11181 Wilmoth U. Palazolo, respondent, v Anthony J. Palazolo, appellant. (Index No. 934/2011)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Rockland County, dated July 5, 2019. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision.

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 decision is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Rockland County, dated January 7, 2020 (see CPLR 5520[c]); and it is further,

ORDERED that on the Court's own motion, on or before October 5, 2020, the appellant shall serve a supplemental appellant's appendix containing the transcript of the proceedings which occurred on October 23, 2019, and upload a digital copy of the supplemental appellant's appendix, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the supplemental appellant's appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is denied.

SCHEINKMAN, P.J., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court