Forest Close Association, Inc. v Richards
Motion No: 2006-07100
Slip Opinion No: 2006 NYSlipOp 74127(U)
Decided on August 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43362

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-07100

Forest Close Association, Inc., respondent-appellant,

v Robert M. Richards, appellant-respondent.

(Index No. 24562/05)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 31, 2006, and separate appeal by the plaintiff from a decision of the same court, dated April 25, 2006.

Now, on the court's own motion, it is

ORDERED that the plaintiff's notice of appeal from the decision dated April 25, 2006, is deemed to be a notice of cross appeal from the order and judgment dated May 31, 2006 (see CPLR 5512).

MILLER, J.P., RITTER, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court