Appellate Division: Second Judicial Department

M76276

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2007-06798, 2008-00820, 2008-04915 2008-05679 Doris Jimenez, respondent, v New York Central Mutual Fire Insurance Company, appellant. (Appeal Nos. 1, & 2) Doris Jimenez, appellant, v New York Central Mutual Fire Insurance Company, respondent. (Appeal No. 3) Doris Jimenez, respondent-appellant, v New York Central Mutual Fire Insurance Company, appellant-respondent. (Appeal No. 4) (Index No. 7983/07)

DECISION & ORDER ON MOTION

Motion by the New York Central Mutual Fire Insurance Company on appeals from two orders of the Supreme Court, Queens County, dated June 20, 2007 and April 28, 2008, respectively, and appeals from two judgments of the same court entered January 2, 2008, and dated June 2, 2008, respectively, to dismiss the appeal from the order dated April 28, 2008, on the ground that the right of direct appeal from that order terminated with entry of the judgment dated June 2, 2008 (see Matter of Aho 39 NY2d 241). Cross motion by Doris Jimenez to deem the notice of appeal from the order dated April 28, 2008, to be a premature notice of cross appeal from the judgment dated June 2, 2008 (see CPLR 5520[c]).

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted; and it is further,

ORDERED that the appeal from the order dated June 28, 2008 (Appellate Division Docket No. 2008-04915), is dismissed, without cost or disbursements, in light of the determination of the cross motion, and it is further,

ORDERED that on the court's own motion, the appeal from the order dated June 20, 2007 (Appellate Division Docket No. 2007-06798), the appeal from the judgment entered January 2, 2008 (Appellate Division Docket No. 2008-00820), and the appeal and cross appeal from the judgment dated June 2, 2008 (Appellate Division Docket No. 2008-05679), are consolidated and will be argued and submitted on the same date; and it is further,

ORDERED that on or before October 24, 2008, the parties shall file a joint supplemental record containing the papers submitted to the Supreme Court, Queens County, in connection with the order dated April 28, 2008, and the judgment dated June 2, 2008; and it is further,

ORDERED that the record and briefs filed in connection with the appeal from the order dated June 20, 2007, and the appeal from the judgment entered January 2, 2008, are deemed to be the record and briefs in connection with issues raised by New York Central Mutual Fire Insurance Company concerning the appeal and cross appeal from the judgment dated June 2, 2008; and it is further,

ORDERED that on or before October 24, 2008, Doris Jimenez shall serve and file a supplemental brief raising issues concerning the order dated April 28, 2008, and the appeal and cross appeal from the judgment dated June 2, 2008; and it is further,

ORDERED that on or before November 23, 2008, New York Central Mutual Fire Insurance Company shall serve and file a supplemental reply brief in response to the supplemental brief of Doris Jimenez; and it is further,

ORDERED that on or before December 8, 2008, Doris Jimenez shall serve and file a supplemental reply brief in response to the supplemental reply brief of New York Central Mutual Fire Insurance Company.

SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court