Appellate Division: Second Judicial Department

M211023

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2013-11275, 2014-02946, 2014-05174, 2014-07516, 2014-09720, 2015-04027, 2015-06197, 2016-03072 East Ramapo Central School District, respondent, v New York Schools Insurance Reciprocal, appellant (Appeal Nos. 1, 2, 3, 4, 5, 8) East Ramapo Central School District, appellant, v New York Schools Insurance Reciprocal, responde (Appeal Nos. 6, 7) (Index No. 600963/13)

DECISION & ORDER ON MOTION . nt.

Motion by East Ramapo Central School District on appeals from seven orders of the Supreme Court, Nassau County, entered October 22, 2013, February 5, 2014, March 28, 2014, June 18, 2014, September 2, 2014, March 4, 2015, and June 15, 2015, respectively, and a judgment of the same court entered March 24, 2016, to deem the notice of appeal from the order entered June 15, 2015, to be a premature notice of appeal from the judgment. Separate motion by East Ramapo Central School District to dismiss the defendant's appeal from the order entered March 4, 2015, for failure to timely perfect.

Upon the papers filed in support of the motions and the papers filed in relation to the motion to deem the notice of appeal from the order entered June 15, 2015, to be a premature notice of appeal from the judgment, and the papers filed in opposition to the motion to dismiss the appeal from the order entered March 4, 2015, it is

ORDERED that on the Court's own motion, the notice of appeal by East Ramapo Central School District from the order entered June 15, 2015 (Appellate Division Docket No. 2015-06197), is deemed also to be a notice of cross appeal from the judgment (see CPLR 5501[c]), the appeal from that order and the appeal and cross appeal from the judgment are consolidated, and the appendix and briefs filed in connection with the appeal from the order entered June 15, 2015 are deemed also to be filed in connection with the appeal and cross appeal from the judgment; and it is further,

ORDERED that on the Court's own motion, the defendant's appeal from the order entered March 4, 2015 (Appellate Division Docket No. 2015-04027) is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, (1) on or before June 27, 2016, New York Schools Insurance Reciprocal shall serve and file a supplemental brief containing its points of argument in connection with the appeal from the judgment (see 22 NYCRR 670.8[c][3]) and the order entered March 4, 2015, as well as a supplemental joint appendix containing the notice of appeal from the judgment and the papers necessary to review the arguments raised in connection with the order entered March 4, 2015, (2) on or before July 27, 2016, East Ramapo Central School District shall serve and file a supplemental brief responding to that brief, and (3) on or before August 27, 2016, New York Schools Insurance Reciprocal shall serve and file a supplemental reply brief to the brief filed by East Ramapo Central School District; and it is further,

ORDERED that on the Court's own motion, the appeal from the order entered October 22, 2013, the appeal from the order entered February 5, 2014, the appeals from the orders entered March 28, 2014, June 18, 2014, September 2, 2014, and the appeal from the order entered June 15, 2015, and the appeal and the cross appeal from the judgment will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motion to deem the notice of appeal from the order entered June 15, 2015, to be a premature notice of appeal from the judgment is denied; and it is further,

ORDERED that the motion to dismiss the appeal from the order entered March 4, 2015, is denied as academic.

HALL, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court