Appellate Division: Second Judicial Department

M304282

KS/

HECTOR D. LASALLE, P.J.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-08586 Jerimee Gooden, plaintiff, v Edgar Hernandez, defendant; Bogoraz Law Group, P.C., nonparty-appellant, Siegel & Coonerty, LLP, nonparty-respondent. (Index No. 502836/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 5, 2024. Motion by nonparty Bogoraz Law Group, P.C. to deem the notice of appeal to reflect that nonparty Bogoraz Law Group, P.C. is the appealing party, to amend the caption accordingly, and for leave to file a replacement record and appellant's brief reflecting the amended caption. Cross-motion by the respondent to dismiss the appeal on the ground that William J. Lawlor III, is not aggrieved.

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

ORDERED that the motion is granted, the notice of appeal is deemed to reflect that nonparty Bogoraz Law Group, P.C. is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), the caption is amended accordingly, and on or before May 12, 2025, the appellant shall serve and file, via NYSCEF, a replacement record and a replacement appellant's brief which contain the amended caption reflecting Bogoraz Law Group, P.C. as the appealing party, but which are in all other respects the same as the record and brief previously filed; and it is further,

ORDERED that the cross-motion is denied as academic.

LASALLE, P.J., BRATHWAITE NELSON, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court