Appellate Division: Second Judicial Department

M287745

KS/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

BARRY E. WARHIT, JJ.

2019-12654, 2022-04302 CANBE Properties, LLC, respondent, v Catherine Curatola, etc., appellant, et al., defendants; Rubino Revocable Trust, nonparty-appellant. (Index No. 504879/2016)

DECISION & ORDER ON MOTION

Appeals from a decision of the Supreme Court, Kings County, dated September 4, 2019, and a judgment of the same court dated May 9, 2022. By order to show cause dated May 27, 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 from the decision on the ground that no appeal lies from a decision (see Schicchi v J. A. Green Constr. Co., 100 AD2d 509). Application by the appellants, inter alia, to deem the notice of appeal from the decision to be a premature notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the decision and the judgment are consolidated, the record and briefs filed in connection with the appeal from the decision are deemed also to be filed in connection with the appeal from the judgment, on or before April 10, 2023, the parties shall file replacement copies of the appendix and briefs which contain Appellate Division Docket No. 2022-04302 in addition to Appellate Division Docket No. 2019-12654 via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the appendix and briefs that contain the corrected covers through the digital portal of this Court's website, and on or before April 10, 2023, the appellants shall serve and file a supplemental appendix containing the judgment and the notice of appeal from the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal of this Court's website; and it is further,

ORDERED that the motion to dismiss the appeal from the decision is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court