| Matter of Gratt v K. Chaim Trust |
| Motion No: 2019-08778 |
| Slip Opinion No: 2021 NY Slip Op 62186(U) |
| Decided on February 22, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M275689
E/mb
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2019-08778 In the Matter of Joel Gratt, et al., respondents, v K. Chaim Trust, et al., appellants. (Index No. 510315/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 22, 2019. Motion by the appellants, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the Supreme Court, Kings County, dated September 29, 2020, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, for leave to file amended covers for the record and briefs, for leave to file a supplemental record containing the judgment, and to stay enforcement of the judgment pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to file a supplemental record containing the judgment are granted, and on or before March 24, 2021, the appellants shall serve a supplemental record containing the 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 appellants 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 for leave to file amended covers for the record and briefs is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment pending hearing and determination of the appeal is denied.
AUSTIN, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court