Appellate Division: Second Judicial Department

M147710

E/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-04763, 2012-09629 Heungsoo Choi, et al., appellants, v Moussa Ba, et al., respondents. (Index No. 28439/09)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 18, 2012, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered May 22, 2012. Cross motion by the appellants to deem the notice of appeal from the order to be a premature notice of appeal from the judgment pursuant to CPLR 5520(a). Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition 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 appeal from the judgment (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; and it is further,

ORDERED that the cross motion is denied as unnecessary; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until February 4, 2013, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court