Appellate Division: Second Judicial Department

M48675

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-09269 Mustafa Kahraman, et al., appellant, v Joseph D. Goldiss, defendant counterclaim plaintiff-respondent; Mustafa Kahraman, counterclaim defendant-respondent. (Index No. 10733/04)

DECISION & ORDER ON MOTION

Motion by the respondent Mustafa Kahraman, as defendant on the counterclaim asserted by the respondent Joseph D. Goldiss, to dismiss the appeal taken by the appellants Ibrahim Kahraman and Melody Babalis from an order of the Supreme Court, Nassau County, dated August 22, 2006, inter alia, on the ground that the notice of appeal is defective as it does not list the appellate division to which the appeal is taken. Separate motion by the respondent Joseph D. Goldiss to dismiss the appeal on the same grounds. Cross motion by the appellants, inter alia, for leave to amend the notice of appeal to reflect that the appeal is being taken to the Appellate Division, Second Department.

Upon the papers filed in support of the motions and the cross motions, and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is for leave to amend the notice of appeal is granted, the notice of appeal dated September 15, 2006, is corrected to reflect that the appeal is being taken to the Appellate Division, Second Department (see CPLR 2001; Tagliaferri v Weiler, 1 NY3d 605); and it is further,

ORDERED that the cross motion is otherwise denied as academic; and it is further,

ORDERED that the motions are denied.

RIVERA, J.P., SPOLZINO, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court