Appellate Division: Second Judicial Department

M286925

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-09620 Crystal Blas, respondent, v Irina Fuzaylowa, et al., appellants. (Index No. 506632/2018)

DECISION & ORDER ON MOTION

Appeal from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Kings County, dated August 1, 2022. By order to show cause dated December 7, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a clerk's extract of the minutes of a jury verdict. Application by the appellant, in effect, to deem the notice of appeal from the clerk's extract of the minutes of the jury verdict to be a notice of appeal from a judgment of the same court dated October 21, 2022.

Now, upon the order to show cause and the papers filed in response thereto, it is

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

ORDERED that the application, in effect, to deem the notice of appeal from the clerk's extract of the minutes of the jury verdict to be a notice of appeal from the judgment dated October 21, 2022, is granted, and the notice of appeal from the clerk's extract of the minutes of the jury verdict is deemed to be a notice of appeal from the judgment dated October 21, 2022 (see CPLR 5512[a]).

DUFFY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court