Appellate Division: Second Judicial Department

M292737

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2022-08682, 2023-11410 Zomongo.TV USA INC., etc., et al., appellants, v Capital Advance Services, LLC, respondent. (Appeal No. 1) Zomongo.TV USA INC., etc., plaintiff, Jocelyne Lisa Hughes-Ostrowski, et al., appellants, v Capital Advance Services, LLC, respondent. (Appeal No. 2) (Index No. 512735/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 25, 2022. Motion by the respondent, inter alia, to dismiss the appeal insofar as taken by Jocelyne Lisa Hughes-Ostrowski and Jeremy Gene Ostrowski, in effect, on the ground the order was superseded by a judgment of the same court dated January 17, 2023, against them, to dismiss the appeal on the ground that the record is inadequate, or, in the alternative, to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record. Application by the appellants, in effect, to deem the notice of appeal from the order also to be a notice of appeal from the judgment.

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

ORDERED that the application is granted to the extent that the notice of appeal from the order is deemed also to be a notice of appeal by Jocelyne Lisa Hughes-Ostrowski and Jeremy Gene Ostrowski from the judgment (see CPLR 5501[c]), 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, and on or before April 30, 2025, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-11410 in addition to Appellate Division Docket No. 2022-08682 on the covers, and on or before April 30, 2025, the appellants shall serve and file, via NYSCEF, a replacement record which contains the judgment and Appellate Division Docket No. 2023-11410 in addition to Appellate Division Docket No. 2022-08682 on the cover, and the application is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order insofar as taken by Jocelyne Lisa Hughes-Ostrowski and Jeremy Gene Ostrowski 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 strike stated portions of the appellant's brief is granted, the sentence on page 7 of the appellant's brief beginning with the words, "CAS is one of many," and ending with the words, "and collection practices," footnote 2 on page 7, footnote 7 on page 12, and footnote 10 on page 19 of the appellant's brief are stricken, and on or before April 30, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material, which contains Appellate Division Docket No. 2023-11410 in addition to Appellate Division Docket No. 2022-08682 on the cover, and is in all other respects the same as the brief previously filed; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., FORD, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court