Appellate Division: Second Judicial Department

M107709

S/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2009-02112, 2009-02377 Craig Martin, plaintiff-appellant, v George Burns, respondent; Arthur Morrison, nonparty-appellant. (Index No. 08-16282)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court dated October 23, 2009, which, inter alia, determined (1) a motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 30, 2009, on the grounds that the record on appeal was inadequate and that the order was superseded by an order and judgment (one paper) of the same court dated February 17, 2009, and (2) a separate motion by the nonparty-appellant, in effect, to deem the notice of appeal from the order dated January 30, 2009, to be a notice of appeal from the order and judgment dated February 17, 2009, is amended by adding thereto after the fourth decretal paragraph the following:

";and it is further,

"ORDERED that branch of the respondent's motion which is to dismiss the appeal from the order dated January 30, 2009 (Appellate Division Docket No. 2009-02112), on the ground that the order was superseded by the order and judgment (one paper) dated February 17, 2009, is granted and that appeal is dismissed, without costs or disbursements".

PRUDENTI, P.J., RIVERA, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court