U.S. Bank National Association v Berry

2026 NY Slip Op 65755(U)

April 6, 2026

Appellate Division, Second Department

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.

U.S. Bank National Association, etc., respondent,

Barbara Berry, et al., defendants, Hugues Mathieu, appellant.

Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 6, 2026

2024-00401, 701557/2016

Francesca E. Connolly, J.P.

Linda Christopher

Barry E. Warhit

Donna-Marie E. Golia, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 25, 2023. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon the entry in the above-entitled action of a judgment of the same court dated January 8, 2026 (see Matter of Aho, 39 NY2d 241), or, in the alternative, for an extension of time to serve and filed a brief. Application by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of application and no papers having been filed in opposition or relation thereto, it is

ORDERED that the application is granted, the notice of appeal from the order dated September 25, 2023, is deemed to be a premature notice of appeal from the judgment dated January 8, 2026 (see CPLR 5520[c]), and on or before May 6, 2026, the appellant shall serve and file a supplemental record containing the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; 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, and on or before June 5, 2026, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court