Appellate Division: Second Judicial Department

M274537

E/sl

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2017-09722 Deutsche Bank National Trust Company, etc., respondent, v Robert Goldstone, appellant, et al., defendants. (Index No. 9488/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered January 4, 2017. By order to show cause dated September 30, 2020, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an amended judgment of the Supreme Court, Nassau County, entered March 9, 2018. Motion by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the amended judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the amended judgment (see CPLR 5520[c]), the record and briefs filed in connection with the order are deemed to be filed in connection with the amended judgment, on or before January 13, 2021, the appellant shall serve a supplemental record containing the amended judgment and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall 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 motion to dismiss the appeal is denied.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court