Appellate Division: Second Judicial Department

M283938

MB/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2017-09294 Christine Alvarellos, etc., appellant, v P. Tassinari, etc., et al., defendants, Home Care Specialist, Inc., et al., respondents. (Index No. 701224/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered July 24, 2017. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Separate motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered October 10, 2017.

Upon the papers filed in support of the motion to stay the trial and the papers filed in opposition thereto, and upon the papers filed in support of the motion to deem the notice of appeal from the order to be a premature notice of appeal from the judgment and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay the trial is granted and the trial in the above-entitled action is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the motion to deem the notice of appeal from the order to be a premature notice of appeal from the judgment 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]), the record and briefs filed in connection with the order are deemed to be filed in connection with the judgment, and on or before August 12, 2022, 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.

DILLON, J.P., CHRISTOPHER, WAN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court