Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276642

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2020-03182 Dangart Associates, LLC, appellant v Friend of a Farmer Heights Corp., et al., respondents. (Index No. 507658/2018)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Kings County, dated February 5, 2020. Motion by the respondents to dismiss the appeal on the ground that no appeal lies from a decision or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the Supreme Court, Kings County, dated November 1, 2020.

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 record and the appellant's brief filed in connection with the appeal from the decision are deemed to be filed in connection with the appeal from the judgment, and on or before May 14, 2021, the appellant 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 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 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 time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended, and on or before June 14, 2021, the respondents shall serve the respondents' brief and upload a digital copy of the respondents' brief, with proof of service thereof, through the digital portal on this Court's website, and the respondents shall file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court