Appellate Division: Second Judicial Department

M64294

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-04036 Freddy Rocha, appellant, v Antonio Figueiredo, et al., respondents, et al., defendant. (Index No. 06-11638)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 6, 2007, on the ground that the order has been superseded by a judgment of the same court dated March 28, 2007 (see Matter of Aho, 39 NY2d 241, 248) or, in the alternative, to enlarge the time to serve and file a brief.

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 March 6, 2007, is deemed to be a notice of appeal from the judgment dated March 27, 2007 (see CPLR 5512); and it is further,

ORDERED that on or before January 17, 2008, the appellant shall serve and file a supplemental record containing the judgment dated March 28, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until February 19, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court