Appellate Division: Second Judicial Department

M286130

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-02884 Wells Fargo Bank, N.A., respondent, v Anthony R. Spatafore, et al., appellants, et al., defendant; Joseph Johns, nonparty-intervenor. (Index No. 604864/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated April 4, 2022. Motion by the appellants to stay the sale of the subject premises pending hearing and determination of the appeal or, in the alternative, for leave to file a notice of pendency. Motion by the respondents 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, dated August 2, 2022.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

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

ORDERED that the motion by the respondents to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, 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, supplemental 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 December 23, 2022, the appellant shall serve and file a second supplemental record containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the second supplemental record, and uploading a digital copy of the second supplemental record, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BARROS, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court