Appellate Division: Second Judicial Department

M290649

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2020-01420 Aritha Bristol, appellant, v Krystyne M. Biser, et al., respondents. (Index No. 507792/2018)

DECISION & ORDER ON MOTION

2020-02242

Aritha Bristol, appellant, v Krystyne M.

Biser, et al., respondents.

(Index No. 507792/2018)

2020-03287

Aritha Bristol, appellant, v Krystyne M.

Biser, et al., respondents.

(Index No. 507792/2018)

Appeals from a decision of the Supreme Court, Kings County, dated January 9, 2020, an order of the same Court dated February 5, 2020, and a judgment of the same Court dated March 4, 2020. The appeals from the order dated February 5, 2020, and the judgment dated March 4, 2020, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated August 19, 2022, the parties to the appeals 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 dated January 9, 2020, in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted, and the appeal from the decision is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, pursuant to 22 NYCRR 1250.10(c), the dismissal of the appeal from the judgment is vacated, the record and briefs filed in connection with the appeal from the decision are deemed to be filed in connection with the appeal from the judgment, and on or before September 22, 2023, the parties shall file digital replacement copies of the record and briefs which contain Appellate Division Docket No. 2020-03287, and do not contain Appellate Division Docket No. 2020-01420, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the record and briefs that contain the corrected covers, with proof of service thereof, through the digital portal on this Court's website, and on or before September 22, 2023, the appellant shall serve and file a supplemental record 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 record, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court