Appellate Division: Second Judicial Department

M184222

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2013-08733 Marie Moffett-Knox, appellant, v Anthony's Windows on the Lake, Inc., et al., respondents. (Index No. 31166/06)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated July 16, 2013. By order to show cause dated October 22, 2014, the parties were directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated July 16, 2013, has been superseded by a judgment of the Supreme Court, Suffolk County, entered July 31, 2013, and the right of direct appeal from the order terminated with entry of the judgment, or in the alternative, deeming the notice of appeal from the order dated July 16, 2013, to be a notice of appeal from the judgment entered July 31, 2013.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the notice of appeal from the order dated July 16, 2013, is deemed to be a notice of appeal from the judgment entered July 31, 2013 (see CPLR 5512); and it is further,

ORDERED that on or before December 29, 2014, the appellant shall serve and file a supplemental record containing the judgment entered July 31, 2013, and an affirmation limiting the issues raised on the appeal from the judgment to the issues raised in connection with the appeal from the order dated July 16, 2013, and acknowledging that the brief filed on the appeal from the order shall stand as the brief on the appeal from the judgment.

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court