Appellate Division: Second Judicial Department

M309519

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-09738 Bank of America, N.A., respondent, v Discobath Products, Inc., et al., appellants. (Index No. 531722/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 10, 2024. By order to show cause dated September 26, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing 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 August 2, 2024. Application by the appellants 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 is denied; and it is further,

ORDERED that the application is granted, the notice of appeal from the order dated July 10, 2024, is deemed to be a premature notice of appeal from the judgment dated August 2, 2024, (see CPLR 5520[c]), and on or before December 24, 2025, the appellants 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.

BRATHWAITE NELSON, J.P., FORD, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court