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

May 8, 2026

2023-10610, 35564/2021

Df/Angela G. Iannacci, J.P.

Barry E. Warhit

Lillian Wan

Donna-Marie E. Golia, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Rockland County, dated August 3, 2023. By order to show cause dated March 23, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the decision and order has been superseded by a judgment of the same court dated November 1, 2023, and/or on the ground that the right of direct appeal from the decision and order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Application by the appellant to deem the notice of appeal from the decision and order to be a premature notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the notice of appeal from the decision and order dated August 3, 2023, is deemed to be a premature notice of appeal from the judgment dated November 1, 2023 (see CPLR 5520[c]), and on or before June 8, 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.

IANNACCI, J.P., WARHIT, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court