Appellate Division: Second Judicial Department

M311270

ID/

LARA J. GENOVESI, J.P.

BARRY E. WARHIT

LAURENCE L. LOVE

SUSAN QUIRK, JJ.

2024-09332 Evelyn Artis, plaintiff, v Brookdale University Hospital and Medical Center, etc., respondent; Shawana Daye, etc., nonparty-appellant. (Index No. 505685/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 31, 2024. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon the entry in the above-entitled action of a judgment of the same court dated April 2, 2025 (see Matter of Aho, 39 NY2d 241). Application by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent is denied; and it is further,

ORDERED that the application is granted, the notice of appeal from the order dated May 31, 2024, is deemed to be a premature notice of appeal from the judgment dated April 2, 2025, (see CPLR 5520[c]), and on or before March 16, 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.

GENOVESI, J.P., WARHIT, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court