| Salamone v Liberty Insurance Underwriters, Inc. |
| Motion No: 2009-00473 |
| Slip Opinion No: 2009 NYSlipOp 66568(U) |
| Decided on March 13, 2009 |
| 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
M83100
E/cb
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
HOWARD MILLER
CHERYL E. CHAMBERS, JJ.
|
2009-00473, 2009-00474
Bryan L. Salmone, et al., appellants, v Liberty Insurance Underwriters, Inc., respondent. (Index No. 21677/07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, dated August 22, 2008, and December 16, 2008, respectively, on the ground that the right of direct appeal from the orders terminated with entry of the judgment dated October 22, 2008, and for an award of costs.
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 dated August 22, 2008 (Appellate Division Docket No. 2009-00473), is deemed to be a notice of appeal from a judgment of the same court dated October 22, 2008 (see CPLR 5512); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., RITTER, MILLER and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court