Appellate Division: Second Judicial Department

M191434

E/ct

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2013-00649, 2013-10266 Dennis O'Rourke, appellant, v Denise O'Rourke, respondent. (Index No. 201779/10)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated December 5, 2012. By order to show cause dated February 6, 2015, 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should or should not be entered dismissing the appeal on the ground that the order dated December 5, 2012, has been superseded by a judgment of the Supreme Court, Nassau County, entered February 20, 2014, and the right of direct appeal from the order terminated with entry of the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 premature notice of appeal from the judgment entered February 20, 2014, to the extent that the judgment brings up for review the issues raised on the appeal from the order.

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

ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5520[c]) to the extent that the judgment brings up for review the issues raised on the appeal from the order, the appeal will be prosecuted under Appellate Division Docket No. 2013-10266, and on or before July 30, 2015, the appellant shall serve and file a supplemental record containing the judgment entered February 20, 2014; and it is further,'

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court