Appellate Division: Second Judicial Department

M300440

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2024-02341 Shaleta Balram, appellant, v Shaikh S. Fiyazuddeen, respondent. (Index No. 707423/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 5, 2024. Motion by the appellant to deem the notice of appeal to be a premature notice of appeal from a judgment of the same court entered January 12, 2024. Separate motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to deem the notice of appeal to be a premature notice of appeal from a judgment of the same court entered January 12, 2024, is granted, and the notice of appeal is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before December 2, 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.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court