Appellate Division: Second Judicial Department

M287159

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

DEBORAH A. DOWLING, JJ.

2022-07270 David J. Whelan, et al., appellants, v John Busiello, respondent; Patricia Weiss, nonparty-appellant. (Index No. 624896/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 8, 2022. Motion by the appellants to stay enforcement of the order and to stay a hearing on the issue of sanctions in the above-entitled action, pending hearing and determination of the appeal, and, in effect, to deem the notice of appeal to reflect that Patricia Weiss is also an appealing party.

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

ORDERED that the branches of the motion which are to stay enforcement of the order and to stay a hearing on the issue of sanctions are denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal to reflect that Patricia Weiss is also an appealing party is granted, the notice of appeal is deemed to reflect that Patricia Weiss is also an appealing party (see CPLR 2001), the caption is amended accordingly, and on or before March 3, 2023, the parties shall file replacement digital copies of the record and briefs via NYSCEF with corrected covers for the record and briefs which designate Patricia Weiss as nonparty-appellant, and which are in other respects the same as the record and briefs previously filed.

BARROS, J.P., CHAMBERS, MALTESE and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court