Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276644

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2020-04903 Khushi Diamonds, respondent, v Itzhak Nissanoff, et al., appellants (and a third-party action). (Index No. 714392/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Queens County, entered May 28, 2020. Motion by the respondent to dismiss the appeals on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered September 1, 2020, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the notices of appeal from the order are deemed to be premature notices of appeal from the judgment (see CPLR 5520[c]), the record and the appellants' brief filed in connection with the appeals from the order are deemed to be filed in connection with the appeals from the judgment, and on or before May 14, 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 to dismiss the appeals 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 respondent's time to serve and file a brief is extended, and on or before June 14, 2021, the respondents 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 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court