Matter of Richmond Cigar Company, Inc.
Motion No: 2008-05596
Slip Opinion No: 2008 NYSlipOp 79009(U)
Decided on July 30, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73861

S/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2008-05596

In the Matter of Richmond Cigar Company, Inc.

Joseph Lopez, respondent; John Chiofalo,

etc., appellant.

(Index No. 80109/07)

DECISION & ORDER ON MOTION

Appeal by John Chiofalo from a judgment of the Supreme Court, Richmond County, entered May 30, 2008.

Now, on the court's own motion, it is

ORDERED that the notice of appeal from a decision of the same court dated February 19, 2008, is deemed a premature notice of appeal from the judgment (see CPLR 5520[c]).

SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court