Kondaur Capital Corporation v McCary
Motion No: 2012-08462
Slip Opinion No: 2013 NY Slip Op 90043(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M164492

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-08462

Kondaur Capital Corporation, respondent,

v Rochelle McCary, appellant, et al., defendants.

(Index No. 29882/10)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of an appeal from an order of the Supreme Court, Suffolk County, dated February 14, 2012, to be a premature notice of appeal from a judgment of the same court entered December 5, 2012, and, in effect, to limit the issues raised on the appeal from the judgment to those issues raised in her brief on the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted.

ENG, P.J., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court