Appellate Division: Second Judicial Department

M303612

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-07594 Carolyn Thomas, respondent, v Abu Sow, et al., appellants, et al., defendant. (Index No. 503354/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 25, 2024. Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered July 17, 2024. Separate motion by the appellants, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment. Separate motion by the appellants, in effect, to strike stated portions of the respondent's brief on the grounds that they improperly raise arguments for the first time on appeal and refer to matter dehors the record, and to extend the time to serve and file a reply brief.

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

ORDERED that the motion to stay all proceedings in the above-entitled action is denied; and it is further,

ORDERED that the cross-motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment is granted, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (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 judgment, and on or before April 16, 2025, the appellants shall serve and file a supplemental record containing the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike stated portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is denied as unnecessary as the reply brief has been timely served and filed.

DILLON, J.P., WARHIT, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court