Appellate Division: Second Judicial Department

M107120

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-01102 Mildred Sanchez, etc., et al., appellants, v Jorge Serje, etc., respondent. (Index No. 114/01)

DECISION & ORDER ON MOTION

Motion by the appellants to deem a notice of appeal from an order of the Supreme Court, Kings County, dated August 20, 2009, to be a notice of appeal from a judgment of the same court dated December 16, 2009. Cross motion by the respondent to dismiss the appeal from the order dated August 20, 2009, on the ground that it was superseded by the judgment, or to enlarge his time to serve and file a brief.

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

ORDERED that the motion is granted, and the notice of appeal from the order dated August 20, 2009, is deemed to be a notice of appeal from the judgment dated December 16, 2009 (see CPLR 5512[a]); and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge his time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 16, 2010, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court