| Keep Winning Realty, LLC v Indelicato |
| Motion No: 2020-03848 |
| Slip Opinion No: 2023 NY Slip Op 68312(U) |
| Decided on June 9, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M289442
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
WILLIAM G. FORD
BARRY E. WARHIT, JJ.
|
2020-03848 Keep Winning Realty, LLC, etc., respondent, v Kathleen Indelicato, et al., appellants. (Index No. 522903/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated April 23, 2020. Motion by the appellants, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered March 23, 2021.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, 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.
BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court