Appellate Division: Second Judicial Department

M312340

ID/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LAURENCE L. LOVE, JJ.

2025-03187 Adrian Nowicki, appellant, v Sumagli Realty Company LLC, et al, defendants third- party plaintiffs-respondents; AJ & GA Construction, Inc., third-party defendant- respondent. (Index No. 511637/2016)

DECISION & ORDER ON MOTION

2025-06531

Adrian Nowicki, appellant, v Sumagli

Realty Company LLC, et al, defendants third-

party plaintiffs-respondents; AJ & GA

Construction, Inc., third-party defendant-

respondent.

(Index No. 511637/2016)

Appeals from an order of the Supreme Court, Kings County, dated January 2, 2025, and a judgment of the same court dated April 8, 2025. Motion by the appellant to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that branch of the motion which is to extend the time to perfect the appeal from the order is denied as academic; and it is further,

ORDERED that branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, and on or before April 29, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., DOWLING, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court