Appellate Division: Second Judicial Department

M288434

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2022-05255 U.S. Bank National Association, etc., respondent, v Veronica Medina, et al., defendants; 2930B111, LLC, intervenor-appellant. (Index No. 606751/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 14, 2022.

By order to show cause dated October 14, 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 from the order on the ground that the right of direct appeal from the order dated April 14, 2022, terminated upon entry in the above-entitled action of a judgment of the same court dated April 14, 2022. Motion by the appellant, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment. Cross motion by the respondent 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 the judgment.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the respondent's cross motion and the papers filed in opposition thereto, it is

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

ORDERED that the appellant's motion is granted, the notice of appeal from the order is deemed to be a notice of appeal from the judgment dated April 14, 2022 (see CPLR 5512[a]), and on or before May 15, 2023, the appellant shall serve and file, via NYSCEF, a supplemental record containing the judgment dated April 14, 2022, with notice of entry.

CONNOLLY, J.P., MALTESE, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court