| Zodan v Tucker |
| Motion No: 2011-09376 |
| Slip Opinion No: 2012 NY Slip Op 69669(U) |
| Decided on April 6, 2012 |
| 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
M135678
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2011-09376, 2012-2923 Walter Zodan, appellant, v Valerie Tucker, respondent. (Index No. 11293/09)
| 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, dated September 16, 2011, to be a premature notice of an appeal from a judgment of the same court dated October 12, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of an appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court