Appellate Division: Second Judicial Department

M293782

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2023-10603 MC Diblosi Interior Design, Inc., etc., et al., appellants, v John J. Cozzoli, etc., et al., respondents. (Index No. 606348/2016)

DECISION & ORDER ON MOTION

Appeal from a verdict sheet, a clerk's extract of the minutes of a jury verdict, and a decision and judgment (one paper) of the Supreme Court, Nassau County, all dated September 14, 2023, and purportedly filed by the Clerk of the Supreme Court of Nassau County on September 19, 2023. By order to show cause dated November 22, 2023, the parties to the appeal 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 decision and judgment dated September 14, 2023, was issued in the above-entitled action and no appeal lies from a verdict sheet, a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591), or a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509). Application by the appellants to deem the notice of appeal to be a premature notice of appeal from a judgment of the same court dated December 27, 2023.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' 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 is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]).

BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court