PHH Mortgage Corporation v Grant
Motion No: 2024-12243
Slip Opinion No: 2025 NY Slip Op 81587(U)
Decided on December 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M309726

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

PHILLIP HOM, JJ.

2024-12243

PHH Mortgage Corporation, appellant,

v Dawn J. Grant, et al., respondents,

et al., defendants.

(Index No. 501317/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 10, 2024. Motion by the respondents 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 October 31, 2024. Cross-motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the judgment. Application by the respondents 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 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 cross-motion 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 on or before December 31, 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 application is granted, and on or before January 30, 2026, the respondents shall serve and file the respondents' 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.

IANNACCI, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court