Mount Vernon City School District v Nova Casualty Comp
Motion No: 2009-08368
Slip Opinion No: 2010 NY Slip Op 63568(U)
Decided on February 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98735

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-08368, 2009-08982

Mount Vernon City School District, appellant-

respondent, v Nova Casualty Company,

respondent-appellant, et al., defendant.

(Index No. 07-5657)

DECISION & ORDER ON MOTION

Motion by Nova Casualty Company on its appeal from a decision of the Supreme Court, Westchester County, entered July 27, 2009 (Appellate Division Docket No. 2009-08368), and an appeal by Mount Vernon City School District from a judgment of the same court entered August 19, 2009 (Appellate Division Docket No. 2009-08982), to deem its notice of appeal from the decision to be a notice of appeal from the judgment, and to consolidate its appeal with the appeal by Mount Vernon City School District.

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

ORDERED that the motion is granted to the extent that the notice of appeal by Nova Casualty Company from the decision entered July 27, 2009 (Appellate Division Docket No. 2009-08368), is deemed to be a notice of cross appeal from the judgment entered August 19, 2009 (Appellate Division Docket No. 2009-08982) (see CPLR 5512), and the appeal and cross appeal will be processed under Appellate Division Docket No. 2009-08982, and the motion is otherwise denied as academic; and it is further,

ORDERED that the time to perfect the appeal the judgment entered August 19, 2009 (Appellate Division Docket No. 2009-08982), is enlarged until April 15, 2010, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file an answering brief, including its points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court