Appellate Division: Second Judicial Department

M300534

KS/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-04890, 2024-06492 Yvette S. Zubli, respondent, v Yosef Sakizadeh, appellant. (Index No. 801194/2022)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated May 3, 2023, and a judgment of the same court dated March 21, 2024. Motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the judgment or, in the alternative, to consolidate the appeals.

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

ORDERED that the motion is granted to the extent that the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before January 6, 2025, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2024-06492 in addition to Appellate Division Docket No. 2023-04890 on the covers, and on or before January 6, 2025, the appellant may serve and file via NYSCEF a supplemental brief containing any points of argument in connection with the appeal from the judgment, and shall serve and file, via NYSCEF, a replacement record which also contains the judgment, the notice of appeal from the judgment, any papers constituting the record on appeal from the judgment, and Appellate Division Docket No. 2024-06492 in addition to Appellate Division Docket No. 2023-04890 on the cover, and the motion is otherwise denied.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court