26 Court Associate, LLC v Plaintiff Funding Holding Inc.
2026 NY Slip Op 70067(U)
June 10, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
26 Court Associates, LLC, respondent,
v
Plaintiff Funding Holding Inc., etc., et al., appellants, et al., defendant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 10, 2026
2023-12541, 530214/2021
Francesca E. Connolly, J.P.
Linda Christopher
Lillian Wan
Susan Quirk, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated November 30, 2023. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment dated March 18, 2025. Application by the appellants, 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 opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition of relation thereto, it is
ORDERED that the motion by the respondent to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), and on or before July 10, 2026, the appellants 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.
CONNOLLY, J.P., CHRISTOPHER, WAN and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court