| Goldstein v Alfred V. Greco, PLLC |
| Motion No: 2007-02804 |
| Slip Opinion No: 2007 NYSlipOp 70997(U) |
| Decided on June 6, 2007 |
| 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
M55447
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2007-02804 Jeffrey Goldstein, et al., appellants, v Alfred V. Greco, PLLC, et al., defendants, Scher & Scher, P.C., et al., respondents. (Index No. 20130/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 30, 2007, on the ground that the order has been superseded by a judgment of the same court dated February 26, 2007.
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, which was filed within the time permitted for taking an appeal from the order and the judgment, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court