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

May 6, 2026

2021-06014, 6926/2015

Betsy Barros, J.P.

Valerie Brathwaite Nelson

Laurence L. Love

Susan Quirk, JJ.

[*1]

DECISION & ORDER ON MOTION

2024-04074

Jonathan Tang, etc., respondent,

v Jevan Damadian, appellant, et al.,

defendant.

(Index No. 6926/2015)

Appeals from an order of the Supreme Court, Kings County, dated July 2, 2021, and a judgment of the same court dated May 13, 2024. By order to show cause dated August 2, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the judgment and for a preference in the calendaring of the appeals. Separate motion by the appellant to stay enforcement of the judgment, pending hearing and determination of the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions by the appellant and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant which is to deem the notice of appeal from the order to be a premature notice of appeal from a judgment is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by the appellant which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted and the enforcement of the judgment is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

BARROS, J.P., BRATHWAITE NELSON, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court