Appellate Division: Second Judicial Department

M287572

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2019-13765 Wells Fargo Bank, NA, respondent, v Ronald Pace, et al., appellants, et al., defendants. (Index No. 241/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 10, 2019. By order to show cause dated December 19, 2022, the parties to the appeal 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 the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated September 19, 2019. Motion by the appellants, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the appellants' motion is granted, the notice of appeal from the order is deemed to be a notice of appeal from the judgment dated September 19, 2019 (see CPLR 5512[a]), and on or before March 29, 2023, the appellants shall serve and file a supplemental record containing the judgment dated September 19, 2019, 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.

IANNACCI, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court