| 2005-2011 Realty, LLC v Brailovskiy |
| Motion No: 2021-08644 |
| Slip Opinion No: 2022 NY Slip Op 64854(U) |
| Decided on April 22, 2022 |
| Appellate Division, Second Department, Motion Decision |
| 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. |
Appellate Division: Second Judicial Department
M282605
MB/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2021-08644, 2021-08645 2005-2011 Realty, LLC, plaintiff, v Aleksandr Brailovskiy, defendants third-party plaintiffs-respondents; Boris Kurbatsky, et al., third-party defendants-appellants. (Index No. 502216/2016)
| DECISION & ORDER ON MOTION |
Appeals from a decision of the Supreme Court, Kings County, dated October 1, 2021, and an amended decision of the same court, dated October 20, 2021. Motion by the appellants to deem the notice of appeal from the decision and the amended decision to be a notice of appeal from a judgment of the same court, dated October 26, 2021, and to stay enforcement of the judgment, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal from the decision and the amended decision to be a notice of appeal from the judgment is granted (see CPLR 5512[a]), and the appeal will be prosecuted under Appellate Division Docket No. 2021-08644 and not under Appellate Division Docket No. 2021-08645; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied.
CONNOLLY, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court