Opinion
Motion No. 2022-02975 Index No. 620457/2021
12-22-2023
Amalgamated Suncoast Portfolio, LLC, et al., respondents, v. SGD Group Holdings II, LLC, et al., appellants.
Unpublished Opinion
MOTION DECISION
M293175
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LARA J. GENOVESI, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated March 7, 2022. Motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered April 10, 2023, and for leave to serve and file a supplemental appendix containing the judgment. Separate motion by the appellants to stay enforcement of the judgment, including the sale of the subject property, pending hearing and determination of the appeal. Cross-motion by the respondents to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment.
Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion to deem the notice of appeal from the order to be a premature notice of appeal from the judgment and for leave to serve and file a supplemental appendix containing the judgment 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]), the appendix 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 January 22, 2024, the appellants shall serve and file a supplemental appendix containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the supplemental appendix, and uploading 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 to stay enforcement of the judgment, including the sale of the subject property, is granted, and enforcement of the judgment including the sale of the subject property is stayed, pending hearing and determination of the appeal; and it is further, ORDERED that the cross-motion is denied.
DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.