Appellate Division: Second Judicial Department

M223219

E/ct

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-01485, 2016-06937 Hudson House Tenants Corporation, respondent, v C.R.P. Sanitation, Inc., et al., appellants. (Index No. 50846/12)

DECISION & ORDER ON MOTION

Application by the respondent on appeals from a decision of the Supreme Court, Westchester County, dated July 2, 2015, and an amended decision and order (one paper) of the same court dated June 21, 2016, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the decision.

Upon the papers filed in support of the application 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 decision dated July 2, 2015, is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Westchester County, dated June 29, 2016 (see CPLR 5520[c]), and the record and appellants' brief filed in connection with the appeal from the decision dated July 2, 2015, are deemed to be filed in connection with the appeal from the judgment dated June 29, 2016; and it is further,

ORDERED that on the Court's own motion, the appeal from the amended decision and order dated June 21, 2016, is dismissed, without costs or disbursements, on the ground that no appeal lies from the portion of the amended decision and order which constitutes a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and on the further ground that any right of direct appeal therefrom terminated upon entry of the judgment dated June 29, 2016, and the issues to be raised in connection with the appeal from the portion of the amended decision and order which constitutes an order will be brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, on or before February 9, 2017, the appellants shall serve and file a supplemental record which includes a copy of the judgment dated June 29, 2016, and any other relevant documents, and a supplemental brief raising any additional issues to be reviewed on the appeal from the judgment, if they be so advised; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until March 13, 2017, and the respondent's brief must be served and filed on or before that date.

CHAMBERS, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court