| Matter of Dwyer v County of Suffolk, Sheriff's Department |
| Motion No: 2005-06992 |
| Slip Opinion No: 2006 NYSlipOp 62947(U) |
| Decided on February 14, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M36043
E/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-06992 In the Matter of Daniel Dwyer, appellant, v County of Suffolk, Sheriff's Department, respondent. (Index No. 510/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2005, on the ground that the right of direct appeal terminated upon the entry of the judgment in the action on August 24, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that on or before February 28, 2006, the appellant shall serve and file a supplemental record containing a copy of the judgment; and it is further,
ORDERED that the motion is denied.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court