Cole-Hatchard v Eggers
Motion No: 2013-10012
Slip Opinion No: 2014 NY Slip Op 65505(U)
Decided on March 5, 2014
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

M170482

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-10012

Stephen J. Cole-Hatchard, appellant,

v Dick Eggers, respondent, et al., defendant.

(Action No. 1)

Stephen J. Cole-Hatchard, appellant,

v William Sherwood, et al., respondents.

(Action No. 2)

(Index No. 11-4368, 12-32554)

DECISION & ORDER ON MOTION

Separate motions by the respondent Dick Eggers and the respondent William Sherwood to dismiss an appeal from an order of the Supreme Court, Rockland County, dated August 14, 2013, on the ground that the notice of appeal is defective. Separate cross motions by the appellant for leave to file an amended notice of appeal.

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

ORDERED that the cross motions are granted to the extent that the notice of appeal is deemed amended to reflect that it also contains the caption for Action No. 2 (see CPLR 2001), and the cross motions are otherwise denied; and it is further,

ORDERED that the motions are denied.

RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court