Appellate Division: Second Judicial Department

M291113

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2020-00643 Henry Morris, etc., et al., appellants, v David Tausik, et al., respondents. (Index No. 604027/2017)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Nassau County, dated November 26, 2019. By order to show cause dated September 1, 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 on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509). Motion by the appellants to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court, entered June 8, 2023.

Now, upon the order to show cause and the papers filed in response thereto and upon the papers filed in support of the motion 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 appellants' motion is granted, the notice of appeal from the decision 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 decision are deemed to be filed in connection with the appeal from the judgment, and on or before September 29, 2023, the appellants shall serve and file a supplemental record containing the judgment via NYSCEF.

IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court