Appellate Division: Second Judicial Department

M69632

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ROBERT A. LIFSON, J.P.

DAVID S. RITTER

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2007-06798, 2008-00820 Doris Jimenez, respondent, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 7983/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Queens County, dated June 20, 2007, and December 13, 2007, respectively, on the ground that the orders have been superceded by a judgment of the same court entered January 2, 2008. Cross motion by the appellant to deem the notice of appeal from the order dated December 13, 2007, to be an appeal from the judgment.

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

ORDERED that the cross motion is granted and the notice of appeal from the order dated December 13, 2007 (Appellate Division Docket No. 2008-00820), is deemed to be a notice of appeal from the judgment (see CPLR 5512); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 20, 2007 (Appellate Division Docket No. 2007-06798), is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

LIFSON, J.P., RITTER, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court