| Doubrovinskaya v Dembitzer |
| Motion No: 2008-05493 |
| Slip Opinion No: 2010 NY Slip Op 61347(U) |
| Decided on January 19, 2010 |
| 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
M97476
S/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2008-05493, 2009-00258, 2010-00053 Irina Doubrovinskaya, respondent, v Naftaliz Dembitzer, appellant. (Index No. 3298/06)
| DECISION & ORDER ON MOTION |
Appeals by the defendant from (1) an order of the Supreme Court, Kings County, dated May 28, 2008, (2) a judgment of the same court entered December 5, 2008, and (3) an order of the same court dated December 2, 2009. By order dated July 14, 2009, the appeal from the judgment was dismissed on the ground that the appellant was not aggrieved by a judgment entered upon the stipulation of the parties (see CPLR 5511), and the parties were directed to show cause before this court why the appeal from the order dated May 28, 2008 (Appellate Division Docket No. 2008-05493) should or should not be dismissed on the ground that it had been rendered academic by the judgment entered December 5, 2008, and the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248). Application by the appellant to reinstate the appeal from the judgment.
Upon the court's own motion and upon the papers filed in response thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 28, 2008, is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the application is granted and the appeal from the judgment is reinstated (see James v Powell, 19 NY2d 249, 256, n. 3); and it is further,
ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged, the appellant shall perfect the appeal from the judgment and the appeal from the order dated December 2, 2009, on or before March 1, 2010; and it is further,
ORDERED that the appeals will be calendared together and will be argued or submitted on the same day.
DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court