| BP3 Capital LLC v 5120 Realty Corp. |
| Motion No: 2023-04352 |
| Slip Opinion No: 2025 NY Slip Op 80993(U) |
| Decided on November 21, 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
M309477
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
CARL J. LANDICINO, JJ.
|
2023-04352, 2023-04356 BP3 Capital LLC, plaintiff-respondent, v 5120 Realty Corp., appellant, Wing Fung Chau, et al., defendants-respondents. (Index No. 516846/2021)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, both dated March 20, 2023. By order to show cause dated August 15, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated January 22, 2024. Motion by the appellant, inter alia, in effect, to deem the notices of appeal from the orders 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 motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is, in effect, to deem the notices of appeal from the orders to be a premature notice of appeal from the judgment is granted, the notices of appeal from the orders are deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2023-04352, and not under Appellate Division Docket No. 2023-04356, and on or before December 22, 2025, (1) the parties shall file, via NYSCEF, replacement copies of the briefs that do not contain Appellate Division Docket No. 2023-04356 on the covers, and (2) the appellant shall serve and file, via NYSCEF, a replacement record that does not contain Appellate Division Docket No. 2023-04356 on the cover, that also contains the judgment, and which is in all other respects the same as the record previously filed; and it is further,
ORDERED that the motion by the appellant is otherwise denied; and it is further,
ORDERED that the motion to dismiss the appeals is denied.
DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court