Appellate Division: Second Judicial Department

M204252

E/mv

L. PRISCILLA HALL, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-04103 Analisa Salon, Ltd., doing business as Susan Marlowe Figure Salon, appellant, v Elide Properties, LLC, et al., defendants; Carol Most, et al., nonparty-respondents. (Action No. 1) (Index No. 7582/05) Analisa Salon, Ltd., doing business as Susan Marlowe Figure Salon, appellant, v Michael M. Seminara, et al., defendants; Carol Most, et al., nonparty-respondents. (Action No. 2) (Index No. 19232/05)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent Marcia Kusnetz, joined by the nonparty-respondent Carol Most, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 30, 2015, on the ground that the record on appeal and the appellant's brief were not timely served or, on the alternative ground that the right of direct appeal from the order terminated upon entry of a final judgment of the same court on August 28, 2015, in the above-entitled action, or, in the alternative, to enlarge the nonparty-respondents' time to serve and file their respective briefs. Cross motion by the appellant, in effect, to deem the record on appeal and the appellant's brief timely served, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and brief filed in connection with the appeal from the order to be the record and brief on the appeal from the judgment, and to direct the nonparty-respondents to file a single brief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is, in effect, to deem the record on appeal and the appellant's brief timely served is granted; and it is further,

ORDERED that the branch of the cross motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted (see CPLR 5520[c), the record and brief filed in connection with the appeal from the order is deemed to be filed in connection with the judgment, and on or before January 21, 2016, the appellant shall file a supplemental record containing the judgment; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the nonparty-respondents' time to serve and file their respective briefs is granted, the nonparty-respondents' time to serve and file their respective briefs is enlarged until February 22, 2016, and the nonparty-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., MALTESE, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court