| Schulman v Indian Harbor Insurance Company |
| Motion No: 2006-00637 |
| Slip Opinion No: 2006 NYSlipOp 64699(U) |
| Decided on March 7, 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
M36555
A/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2006-00637 Martin Schulman, et al., respondents, v Indian Harbor Insurance Company, appellant. (Index No. 12518/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Queens County, dated October 12, 2005, to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the same court dated November 16, 2005, and cross motion by the respondents to dismiss the appeal, on the ground, inter alia, that no appeal lies from a decision.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the notice of appeal from the decision dated October 12, 2005, is deemed to be a notice of appeal from the judgment dated November 16, 2005 (see CPLR 5512); and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., RIVERA, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court