Appellate Division: Second Judicial Department

M285158

MB/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2020-00496 AF Trucking Inc., etc., et al., appellants, v Oxford Capital Funding, LLC, respondent. (Index No. 2186/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated December 9, 2019. 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 of the same court entered July 12, 2021.

Upon the papers filed in support of the motion 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 on the Court's own motion, the notice of appeal from the order dated December 9, 2019, is deemed to be a premature notice of appeal from the judgment entered July 12, 2021 (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before October 28, 2022, the appellants shall serve and file a supplemental record containing the judgment with notice of entry, via NYSCEF, of 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, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court