Appellate Division: Second Judicial Department

M295462

AFA/

HECTOR D. LASALLE, P.J.

JOSEPH J. MALTESE

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2022-08759 Gregory Paci, appellant, v State of New York, respondent. (Claim No. 131006)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims dated August 18, 2022. By order to show cause dated February 21, 2024, 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 in the above-entitled action on the ground that no appeal lies from a decision, and/or no appeal lies as of right from an order that is not the result of a motion made on notice.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated August 18, 2022, is deemed to be a premature notice of appeal from a judgment of the same court entered September 30, 2022 (see CPLR 5520[c]), and on or before May 6, 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; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

LASALLE, P.J., MALTESE, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court