Appellate Division: Second Judicial Department

M298899

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2023-07176 Grace Tesoriero, etc., appellant, v ANMAC Holding Corp., et al., defendants, Irwin Friedman & Son, Inc., respondent. (Index No. 510254/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 19, 2023. Motion by the appellant, in effect, to deem the notice of appeal to be a premature notice of appeal from an amended order of the same court dated August 14, 2023, and to extend the time to perfect the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that the order was superseded by the order dated August 14, 2023.

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

ORDERED that motion by the appellant is granted, the notice of appeal is deemed to be from the amended order of the same court dated August 14, 2023 (see CPLR 5520[c]), and on or before October 4, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is denied.

DILLON, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court