Appellate Division: Second Judicial Department

M274110

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2019-13587 Sheya Spilman, appellant, v Yoel Dovid Matyas, respondent. (Index No. 515144/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 17, 2019. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered October 30, 2019, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment.

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

ORDERED that the cross motion is granted, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), and 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; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before December 16, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court