Appellate Division: Second Judicial Department

M296374

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2023-00043 Deutsche Bank National Trust Company, etc., respondent, v Carrie Clark, et al., defendants, Peter Strugatz, appellant. (Index No. 19199/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 24, 2022.

By order to show cause dated March 20, 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 from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Suffolk County, dated November 1, 2022. Motion by the appellant to deem the notice of appeal from the order dated October 24, 2022, to be a notice of appeal from the order and judgment dated November 1, 2022.

Upon the order to show cause and the papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, the notice of appeal from the order dated October 24, 2022, is deemed to be a notice of appeal from the order and judgment dated November 1, 2022 (see CPLR 5512[a]), 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 order and judgment, and on or before June 12, 2024, the appellant shall serve and file a supplemental record which contains the order and judgment with notice of entry via NYSCEF; and it is further,

ORDERED that the motion to dismiss the appeal from the order is denied.

DUFFY, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court