Opinion
Motion No. 2022-09620 Index No. 506632/2018
01-20-2023
Crystal Blas, respondent, v. Irina Fuzaylowa, et al., appellants.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P. JOSEPH J. MALTESE DEBORAH A. DOWLING BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Kings County, dated August 1, 2022. By order to show cause dated December 7, 2022, 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 clerk's extract of the minutes of a jury verdict. Application by the appellant, in effect, to deem the notice of appeal from the clerk's extract of the minutes of the jury verdict to be a notice of appeal from a judgment of the same court dated October 21, 2022.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that motion to dismiss the appeal is denied; and it is further, ORDERED that the application, in effect, to deem the notice of appeal from the clerk's extract of the minutes of the jury verdict to be a notice of appeal from the judgment dated October 21, 2022, is granted, and the notice of appeal from the clerk's extract of the minutes of the jury verdict is deemed to be a notice of appeal from the judgment dated October 21, 2022 (see CPLR 5512[a]).
DUFFY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.