Appellate Division: Second Judicial Department

M306938

AFA/

COLLEEN D. DUFFY, J.P.

LARA J. GENOVESI

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-05890 Crosby Gibraltar, LLC, respondent, v Ganesh Arora, et al., appellants, et al., defendants. (Index No. 726628/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated February 27, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). 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 Supreme Court, Queens County, dated August 5, 2024 (see Matter of Aho, 39 NY2d 241). Cross-motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

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 motion is denied; and it is further,

ORDERED that the cross-motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appeal from the order is deemed to be a premature appeal from the judgment (see CPLR 5520[c]), and on or before September 2, 2025, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

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

ENTER:

Darrell M. Joseph

Clerk of the Court