Village of Northport v Krumholz
Motion No: 2016-02520
Slip Opinion No: 2016 NY Slip Op 83548(U)
Decided on August 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M217051

E/afa

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2016-02520, 2016-08825

Village of Northport, respondent,

v Maryclaire Krumholz, appellant.

(Index No. 37474/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2016, on the ground that the right of direct appeal from the order terminated upon entry of a judgment in the action on March 16, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court