Appellate Division: Second Judicial Department

M274870

E/sl

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-04033 HSBC Bank USA, NA, etc., respondent, v Farid Afghani, etc., et al., appellants, et al., defendants. (Index No. 601513/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 23, 2017. Motion by the respondent to dismiss the appeal on the grounds that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, entered May 8, 2018, and that the appeal has been rendered academic or, in the alternative, to extend the time to serve and file a brief. Separate motion by the respondent to vacate the stay of the appeal which arose upon the death of the appellant Farid Afghani.

Upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to vacate the stay and the papers filed in relation thereto, it is

ORDERED that the motion to vacate the stay is granted; and it is further,

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, the record and 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 February 5, 2021, the appellant, Shima Afghani, shall submit corrected covers for the copies of the record and appellant's brief filed with the Clerk of this Court that correctly denominate only Shima Afghani as the appellant and correctly identify the defendants as set forth in the caption of the judgment, and shall serve and file via NYSCEF a supplemental record containing the judgment, and the appellant, Shima Afghani, 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 branch of the motion which is to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appeal has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 respondent's time to serve and file a brief is extended, and on or before March 5, 2021, the respondent shall serve and file via NYSCEF the respondent's brief and the respondent shall 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.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court