Appellate Division: Second Judicial Department

M293715

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-03599 US Bank, respondent, v Abdallah Ittayem, et al., appellants, et al., defendants. (Index No. 6949/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 10, 2023. 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 dated July 3, 2023, and to stay the sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment 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 February 23, 2024, the appellants shall serve and file a supplemental record containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the supplemental record, and uploading a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to stay the sale of the subject premises pending hearing and determination of the appeal is denied.

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court