| Jessabell Realty Corp., doing business as Island Services v |
| Motion No: 2012-05066 |
| Slip Opinion No: 2013 NY Slip Op 90040(U) |
| Decided on October 31, 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. |
Appellate Division: Second Judicial Department
M163838
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2012-05066 Jessabell Realty Corp., doing business as Island Services, respondent, v Patricia Gonzales, etc., appellant, et al., defendants. (Index No. 39743/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2012, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court on May 20, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance until November 22, 2013, during which time the appellant may make a motion, if she be so advised, pursuant to CPLR 5520 to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, which must include an affidavit or affirmation stating that the issues on appeal will be limited to the issues be raised in the brief filed on the appeal from the order.
RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court