| Century Surety Insurance Company v All In One Roofing, |
| Motion No: 2014-01256 |
| Slip Opinion No: 2016 NY Slip Op 63440(U) |
| Decided on February 5, 2016 |
| 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
M205782
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2014-01256 Century Surety Insurance Company, appellant, v All in One Roofing, LLC, et al., respondents. (Index No. 11-57683)
| DECISION & ORDER ON MOTION |
Motion by the respondent Zdeno Jadron to dismiss an appeal from an amended order of the Supreme Court, Westchester County, entered December 23, 2013, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment dated December 10, 2015, in the above-entitled action.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the Court's own motion on or before March 3, 2016, the appellant, if it be so advised, shall either (1) move to deem its notice of appeal from the order to be a premature notice of appeal from the judgment pursuant to CPLR 5520[a], deem the record and briefs filed in connection with the appeal from the order to be the record and briefs filed in connection the appeal from the judgment, and agree to forgo raising any additional issues, or (2) advise the Court in writing that it has served and filed a notice of appeal from the judgment and will perfect the appeal from the judgment; and it is further,
ORDERED that the motion to dismiss is held in abeyance in the interim.
BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court