Appellate Division: Second Judicial Department

M289441

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2020-07218 Anthony Comito, et al., respondents, v Z and N Enterprises Corp., et al., appellants, et al., defendants. (Index No. 511236/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 4, 2020. Motion by the appellants to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered July 27, 2022, and, in effect, to stay enforcement of the judgment, including the sale of the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before July 10, 2023, the appellants shall serve and file a supplemental record containing the judgment via NYSCEF, if 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; and it is further,

ORDERED that enforcement of the judgment, including the sale of the subject premises, is stayed, pending hearing and determination of the appeal.

BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court