Appellate Division: Second Judicial Department

M292785

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2020-03950 Jacqueline Coates, appellant, v Brooklyn Hospital Center, respondent. (Index No. 509595/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 12, 2020.

By order to show cause dated December 7, 2022, 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 the right of direct appeal from the order dated March 12, 2020, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered November 5, 2020 (see Matter of Aho, 39 NY2d 241). Motion by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's 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 appellant's 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 January 5, 2024, the appellant 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.

BRATHWAITE NELSON, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court