Appellate Division: Second Judicial Department

M302397

KS/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-08341, 2023-12416 104-22 Northern Lender LLC, plaintiff-respondent, v 104-22 NB, LLC, appellant, New York City Department of Housing Preservation and Development, et al., defendants-respondents. (Index No. 701039/2023)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, dated June 28, 2023, and October 23, 2023, respectively. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals. By order to show cause dated September 20, 2024, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders dated June 28, 2023, and October 23, 2023, terminated upon entry in the above-entitled action of a judgment of the same court entered March 28, 2024 (see Matter of Aho, 39 NY2d 241), and appellant's motion was held in abeyance in the interim. Motion by the appellant to deem the notices of appeal from the orders to be premature notices of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant to deem the notices of appeal from the orders to be premature notices of appeal from the judgment is granted, the notices of appeal from the order are deemed to be premature notices of appeal from the judgment (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2023-08341, and not under Appellate Division Docket No. 2023-12416, and on or before February 26, 2025, (1) the parties shall file, via NYSCEF, replacement copies of the briefs that do not contain Appellate Division Docket No. 2023-12416 on the covers, and (2) the appellant shall serve and file, via NYSCEF, a replacement record that does not contain Appellate Division Docket No. 2023-12416 on the cover, that also contains the judgment, and which is in all other respects the same as the record previously filed; and it is further,

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that the motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals, is denied.

LASALLE, P.J., CHAMBERS, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court