| Frederick Klarer, Esq. v Gregory John Fischer |
| Motion No: 2010-02046 sc |
| Slip Opinion No: 2011 NY Slip Op 93512(U) |
| Decided on December 13, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
DENISE F. MOLIA, J.P.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Frederick Klarer, Esq., Respondent, v Gregory John Fischer, Appellant (and a third-party action). |
Motion by respondent to dismiss an appeal from a "decision after inquest" of the District Court of Suffolk County, Third District, entered April 27, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the notice of appeal from the "decision after inquest" of the District Court of Suffolk County, Third District, entered April 27, 2010 is deemed to be a premature notice of appeal from a judgment of the same court entered December 14, 2010 (see CPLR 5520 [c]); and it is further,
ORDERED that respondent's motion is denied.
ENTER:
Paul Kenny
Chief Clerk