| Lagrasta v Town of Oyster Bay |
| Motion No: 2010-03958 |
| Slip Opinion No: 2010 NY Slip Op 91411(U) |
| Decided on December 21, 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
M112971
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-03958, 2010-11813 Michael Lagrasta, appellant, v Town of Oyster Bay, respondent. (Index No. 11726/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from an order of the Supreme Court, Nassau County, entered March 18, 2010, to be a premature notice of appeal from a judgment of the same court entered July 16, 2010.
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 entered March 18, 2010, is deemed also to be a notice of appeal from the judgment entered July 16, 2010 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is denied as unnecessary.
MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court