Appellate Division: Second Judicial Department

M306931

AFA/

COLLEEN D. DUFFY, J.P.

LARA J. GENOVESI

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2023-00618 Bank of New York Mellon Trust Company, etc., respondent, v Winston Rose, Jr., appellant, et al., defendants. (Index No. 604462/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated November 16, 2022. Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated October 23, 2024, which dismissed the appeal, and to deem the notice of appeal from the order to be a notice of appeal from a judgment of the same court dated November 16, 2022. Cross-motion by the respondent, inter alia, to strike the appellant's brief and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to recall and vacate the decision and order on motion of this Court dated October 23, 2024, is granted, the decision and order on motion of this Court dated October 23, 2024, is recalled and vacated; and it is further,

ORDERED that the branch of the motion which is to deem the appeal from the order to be an appeal from the judgment is granted (see CPLR 5512[a]), the record and brief filed in connection with the appeal from the order is deemed to be filed in connection with the appeal from the judgment, and on or before August 29, 2025, the appellant 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 cross-motion which is to extend the time to serve and file a brief is granted, and on or before September 29, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is otherwise denied.

DUFFY, J.P., GENOVESI, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court