| US Bank National Association v Tario |
| Motion No: 2023-04682 |
| Slip Opinion No: 2024 NY Slip Op 64863(U) |
| Decided on March 27, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M295239
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2023-04682 US Bank National Association, etc., respondent, v Noemi Tario, et al., defendants, 927 East 86th Residence Corp., appellant. (Index No. 714497/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated February 27, 2023. Motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court dated June 21, 2023.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the 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 April 26, 2024, the appellant 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.
DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court