| Campanelli v Long Island Lighting Company |
| Motion No: 2016-01809 |
| Slip Opinion No: 2016 NY Slip Op 94079(U) |
| Decided on December 13, 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
M222842
S/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-01809, 2016-12565 Michael Campanelli, appellant, v Long Island Lighting Company, et al., respondents. (Index No. 604657/14)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 8, 2016, in the above-entitled appeals is recalled and vacated and the following decision and order on motion is substituted therefor:
Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered February 2, 2016, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered April 11, 2016, or on the ground that the record contains matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition 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 on or before January 9, 2017, the appellant shall serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the branches of the motions which are to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branches of the motions which are to dismiss the appeal from the order on the ground that the record contains matter dehors the record are denied on condition that on or before January 9, 2017, the appellant removes pages 242 through 296 from the copies of the record filed with the Clerk of the Court, or serves and files a replacement record which does not include the subject material.
CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court