| Bernstein v Parthenon Enterprises, Inc., d/b/a Greenvale T |
| Motion No: 2008-01526 |
| Slip Opinion No: 2008 NYSlipOp 88401(U) |
| Decided on November 6, 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. |
Appellate Division: Second Judicial Department
M78184
E/sl
PETER B. SKELOS, J.P.
ROBERT A. LIFSON
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-01526, 2008-09969 Lillian Bernstein, appellant, v Parthenon Enterprises, Inc., d/b/a Greenvale Townhouse Diner, et al., respondents. (Index No. 2817/06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Nassau County, dated December 31, 2007, and a judgment of the same court dated June 25, 2008, to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated with entry of the judgment dated June 25, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see CPLR 5501[c]); and it is further,
ORDERED that the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that on or before November 17, 2008, the appellant shall serve and file a supplemental record containing the judgment dated June 25, 2008.
SKELOS, J.P., LIFSON, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court