Appellate Division: Second Judicial Department

M61582

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-03751, 2007-03756, 2007-07407 Xand Corporation, appellant, v Reliable System Alternatives Corporation, respondent. (Index No. 03-14915)

DECISION & ORDER ON MOTION

Motion by Xand Corporation for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered July 27, 2007 (Appellate Division Docket No. 2007-07407), and to stay an inquest on the issue of damages on the counterclaim of Reliable System Alternatives Corporation, pending hearing and determination of the appeal from the order entered July 27, 2007, as well as appeals from two orders of the same court both entered April 10, 2007 (Appellate Division Docket Nos. 2007-03751 and 2007-03756).

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 entered July 27, 2007, is deemed to be a premature notice of appeal from a judgment of the same court entered August 10, 2007 (see CPLR 5520[c]); and it is further,

ORDERED that on or before November 1, 2007, the appellant shall serve and file a supplemental record containing the judgment entered August 10, 2007; and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., GOLDSTEIN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court