| Otrada, Inc. v Assessor Town of Ramapo |
| Motion No: 2005-09693 +1 |
| Slip Opinion No: 2006 NYSlipOp 74723(U) |
| Decided on August 30, 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
M43868
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-09693, 2006-02977 Otrada, Inc., et al., respondents, v Assessor of Town of Ramapo, et al., appellants. (Index No. 03-5133)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Rockland County, dated October 3, 2005, and March 1, 2006, respectively, to deem the notices of appeal from the orders to be premature notices of appeal from a judgment of the same court dated March 16, 2006.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion the appeal from the order dated October 3, 2005 (Appellate Division Docket No. 2005-09693), is dismissed as that order was superseded by the order dated March 1, 2006; and it is further,
ORDERED that the motion is granted to the extent that the notice of appeal from the order dated March 1, 2006, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]) and the motion is otherwise denied as academic.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court