Matter of O. (Anonymous), Maureen
Motion No: 2014-11437
Slip Opinion No: 2015 NY Slip Op 62597(U)
Decided on January 29, 2015
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

M185732

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-11437

In the Matter of Maureen O. (Anonymous),

respondent-respondent.

Robert W. (Anonymous), petitioner-respondent;

570 Realty Associates, nonparty-appellant.

(Index No. 100165/14)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 8, 2014. Separate motion by the respondent-respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of judgment of the same court dated October 16, 2014, in the above-entitled matter.

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

ORDERED that on the Court's own motion, the notice of appeal from the order dated September 8, 2014, is deemed to be a premature notice of appeal from so much of the judgment as brings up for review the order (see CPLR 5520[c); and it is further,

ORDERED that the motions are denied.

RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court