Puello v Rakowicz
Motion No: 2012-05068
Slip Opinion No: 2013 NY Slip Op 60007(U)
Decided on January 2, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M148956

E/mv

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-05068, 2012-11474

Marisol Puello, appellant,

v Marcellus M. Rakowicz, respondent.

(Index No. 11930/10)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(c) to deem a notice of appeal from an order of the Supreme Court, Suffolk County, dated May 4, 2012, to be a premature notice of appeal from a judgment of the same court entered June 7, 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 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 denied as academic.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court