Appellate Division: Second Judicial Department

M291066

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2023-04499 Inter-Governmental Philatelic Corporation, et al., appellants, v Aspen American Insurance Company, respondent, et al., defendants. (Index No. 514795/2017)

DECISION & ORDER ON MOTION

Appeal from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Kings County, dated March 24, 2023. By order to show cause dated May 26, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a clerk's extract of the minutes of a jury verdict. Application by the appellants, in effect, pursuant to CPLR 5512(a) and 5520(c) to deem the notice of appeal from the clerk's extract of the minutes of the jury verdict to be a premature notice of appeal from a judgment of the same court entered June 6, 2023.

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 motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, and the notice of appeal from the clerk's extract of the minutes of the jury verdict is deemed to be a premature notice of appeal from the judgment (see CPLR 5512[a]; CPLR 5520[c]) .

IANNACCI, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court