| Kairey v Hirsch |
| Motion No: 2020-09236 |
| Slip Opinion No: 2025 NY Slip Op 73407(U) |
| Decided on July 25, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M306798
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
WILLIAM G. FORD
BARRY E. WARHIT, JJ.
|
2020-09236 Elizabeth M. Kairey, appellant, v Elliot M. Hirsch, respondent. (Index No. 53206/2018)
| DECISION & ORDER ON MOTION |
2023-06894
Elizabeth M. Kairey, appellant,
v Elliot M. Hirsch, respondent.
(Index No. 53206/2018)
Appeal from an order of the Supreme Court, Kings County, dated December 8, 2020. By order to show cause dated January 29, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 26, 2023. Application by the appellant to deem the notice of appeal from the order to be a premature notice 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 application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application by the appellant is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appeal will be prosecuted under Appellate Division Docket No. 2023-06894, and not under Appellate Division Docket No. 2020-09236, the original papers and appellant's brief 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 August 25, 2025, the appellant shall serve and file a supplemental record containing the judgment, and a replacement brief which contains Appellate Division Docket No. 2023-06894 and not Appellate Division Docket No. 2020-09236 on the cover, via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the supplemental record and replacement brief, and uploading a digital copy of the supplemental record and replacement brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court