| Martin v Tekaaho |
| Motion No: 2012-01092 |
| Slip Opinion No: 2012 NY Slip Op 73060(U) |
| Decided on May 11, 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
M137561
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-01092, 2012-04163 Shaun Martin, appellant, v John Tekaaho, et al., respondents. (Index No. 9839/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered December 1, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered February 6, 2012.
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 entered December 1, 2011, is deemed also to be a notice of appeal from the judgment entered February 6, 2012 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court