Opinion
Motion No 2019-13252 M287145 Index No. 101771/2013
02-03-2023
Delores Romano, as executor of the estate of James Romano, appellant-respondent, v. Clove Lakes Health Care and Rehabilitation, Inc., respondent-appellant.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P. PAUL WOOTEN WILLIAM G. FORD LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal and cross appeal from an order of the Supreme Court, Richmond County, dated October 8, 2019. Motion by Delores Romano, as executor of the estate of James Romano, to deem the notice of appeal to reflect that Delores Romano, as executor of the estate of James Romano, is the appealing party, and, in effect, to deem the notice of appeal to be a premature notice of appeal from an amended order of the same court, dated December 9, 2022.
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 the branch of the motion which is, in effect, to deem the notice of appeal to reflect that Delores Romano, as executor of the estate of James Romano, is the appealing party is granted, and the notice of appeal is deemed to reflect that Delores Romano, as executor of the estate of James Romano, is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 N.Y.3d 605), and the caption is amended accordingly; and it is further, ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal to be a premature notice of appeal from the amended order dated December 9, 2022, is granted (see CPLR 5520[c]); and it is further, ORDERED that on the Court's own motion, the notice of cross appeal is deemed to be a premature notice of cross appeal from the amended order dated December 9, 2022 (see CPLR 5520[c]); and it is further, ORDERED that the joint record, and briefs filed in connection with the appeal and cross appeal from the order dated October 8, 2019, are deemed to be filed in connection with the appeal and cross appeal from the amended order dated December 9, 2022, on or before March 6, 2023, the appellant-respondent shall serve and file a supplemental joint record containing the amended order dated December 9, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint record, and upload a digital copy of the supplemental joint record, with proof of service thereof, through the digital portal on this Court's website, and on or before March 6, 2023, the parties shall serve and file replacement digital copies of the joint record and briefs with corrected covers for the joint record and briefs which designate Delores Romano, as executor of the estate of James Romano, as appellant-respondent, and which are in other respects the same as the joint record and briefs previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement joint record and briefs and upload a digital copy of the replacement joint record and briefs, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., WOOTEN, FORD and WAN, JJ., concur.