Appellate Division: Second Judicial Department

M231048

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-04395 State of New York, et al., respondents, v Ruth Winkle, et al., appellants, et al., defendant. (Index No. 115/07)

DECISION & ORDER ON MOTION

Appeal by Alan Risi and separate appeal by Ruth Winkle and William Winkle from a judgment of the Supreme Court, Queens County, entered February 26, 2016. By decision and order on motion of this Court dated May 8, 2017, inter alia, the notice of appeal from an order of the same court dated October 20, 2015, was deemed to be a premature notice of appeal from the judgment, the appendix filed by Alan Risi in connection with his appeal from the order was deemed to be a joint appendix filed in connection his appeal from the judgment as well as the appeal by Ruth Winkle and William Winkle from the judgment, the brief filed by Alan Risi in connection with his appeal from the order was deemed to be filed in connection with the appeal from the judgment, and the appeal by Alan Risi was directed to be prosecuted under Appellate Division Docket No. 2016-04395.

Now, on the Court's own motion, it is

ORDERED that on or before May 30, 2017, Alan Risi shall correct the covers of, and the CPLR 5531 statement in, the copies of the appendix and brief previously filed in the office of the Clerk of the Court under Appellate Division Docket Number 2015-11856, to reflect the correct Appellate Division Docket Number and the designation of the parties to the appeal in accordance with the decision and order on motion of this Court dated May 8, 2017.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court