| Mayers v Racino |
| Motion No: 2024-13526 |
| Slip Opinion No: 2025 NY Slip Op 80366(U) |
| Decided on November 12, 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
M309287
AFA/
VALERIE BRATHWAITE NELSON, J.P.
HELEN VOUTSINAS
JANICE A. TAYLOR
DONNA-MARIE E. GOLIA, JJ.
|
2024-13526 Pearl Mayers, appellant, v Brad Racino, et al., respondents, et al., defendant. (Index No. 419/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated October 17, 2024. Motion by the appellant to stay enforcement of stated portions of the order, pending hearing and determination of the appeal, and to extend the time to perfect the appeal. 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 same court dated July 18, 2025. Application by the appellant 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 motions and the papers filed in opposition 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 by the respondent is denied; and it is further,
ORDERED that the application is granted and the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before January 12, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., VOUTSINAS, TAYLOR and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court