| Gruen v Village of Piermont |
| Motion No: 2014-02878 |
| Slip Opinion No: 2015 NY Slip Op 68437(U) |
| Decided on March 30, 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. |
Appellate Division: Second Judicial Department
M189697
T/ct
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2014-02878, 2015-01343 Jane H. Gruen, appellant, v Village of Piermont, et al., respondents. (Index No. 4090/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Rockland County, entered February 4, 2014, on the ground that the right of direct appeal from the order terminated upon entry of a judgment in the action dated February 24, 2014 (see Matter of Aho, 39 NY2d 241), or, in the alternative, inter alia, to direct the appellant to serve and file a supplemental appendix containing, among other things, a copy of the judgment dated February 24, 2014. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order entered February 4, 2014, is deemed also to be a notice of appeal from the judgment dated February 24, 2014 (see CPLR 5501[c]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered February 4, 2014, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental appendix containing, among other things, a copy of the judgment dated February 24, 2014, is granted to the extent that on or before April 20, 2015, the appellant shall serve and file a supplemental appendix containing a copy of the judgment dated February 24, 2014; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.
BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court