Appellate Division: Second Judicial Department

M309983

DF/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-09773 143 Court Street Funding, LLC, respondent, v 143 Court St. Association LLC, et al., appellants, et al., defendants; Harry Horowitz, nonparty-respondent. (Index No. 513475/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 3, 2024. Motion by the appellants to stay enforcement of the order, pending hearing and determination of the appeal. By order to show cause dated September 16, 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 no appeal lies from a decision, and/or no appeal lies as of right from an order that is not the result of a motion made on notice, and the motion by the appellants was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before January 14, 2026, the appellants shall 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.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court