Appellate Division: Second Judicial Department

M224079

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

HECTOR D. LASALLE, JJ.

2014-10798 Juan Maria Solorzano, appellant, v Skanska USA Building, Inc., respondent. (Index No. 13066/12)

ORDER ON APPLICATION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 5, 2014, on the ground that the right of direct appeal from the order terminated upon entry of judgment in the above-entitled action on May 13, 2015. Cross motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted to the extent that the notice of appeal from the order dated September 5, 2014, is deemed to be a premature notice of appeal from the judgment entered May 13, 2015 (see CPLR 5520[c]) to the extent that the judgment brings up for review the issues raised in connection with the appeal from the order, the issues raised on the appeal from the judgment are limited to the issues raised in the briefs filed in connection with the appeal from the order, on or before January 30, 2017, the appellants shall serve and file a supplemental record containing the judgment, and the cross motion is otherwise denied; and it is further,

ORDERED that the motion is denied.

ENG, P.J., BALKIN, LEVENTHAL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court