| Century Surety Insurance Company v All In One Roofing, |
| Motion No: 2014-01256 |
| Slip Opinion No: 2016 NY Slip Op 67873(U) |
| Decided on March 22, 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
M207817
S/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 |
2016-01297, 2016-01720
Century Surety Insurance Company, appellant,
v All in One Roofing, LLC, et al., respondents.
(Index No. 11-57683)
Motion by the respondent Zdeno Jadron on appeals from an amended order of the Supreme Court, Westchester County, entered December 23, 2013, and two judgments of the same court dated December 10, 2015, and February 9, 2016, to dismiss the appeal from the amended order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment dated December 10, 2015. By decision and order on motion of this Court dated February 5, 2016, the appellant, if it was so advised, was directed to either (1) move to deem its notice of appeal from the amended order to be a premature notice of appeal from the judgment dated December 10, 2015, pursuant to CPLR 5520[a] and 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 dated December 10, 2015, 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 dated December 10, 2015, and will perfect the appeal from the judgment. By letter dated March 3, 2016, the appellant advised this Court that it filed a notice of appeal from the judgment dated December 10, 2015, as well as a notice of appeal from a judgment dated February 9, 2016, and will perfect the appeals from those judgments.
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 response to the decision and order on motion of this Court dated February 5, 2016, it is
ORDERED that the motion to dismiss the appeal from the amended order is referred to the panel of justices that both heard the appeal from the amended order and will hear the appeals from the judgments.
BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court