Appellate Division: Second Judicial Department

M310780

DB/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2024-00468 U.S. Bank Trust, N.A., respondent, v Matthew J. Beriloff, et al., appellants, et al., defendant. (Index No. 1688/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated October 18, 2023. Motion by the appellants, inter alia, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court dated December 6, 2024, and to stay enforcement of the judgment, including the sale of the subject property, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before February 26, 2026, 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 motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the judgment will be heard on submission.

GENOVESI, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court