Appellate Division: Second Judicial Department

M232720

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-04977, 2016-11348 Jacqueline M. Cohen, appellant, v Jeffrey Gold, et al., respondents, et al., defendants. (Index No. 59719/15)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to consolidate appeals from an order of the Supreme Court, Westchester County, dated April 29, 2016, and a judgment of the same court dated September 23, 2016, to deemed the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and notice of appeal from the judgment. Cross motion by the respondents Jeffrey Gold, Peter Taub, and Quality Care Dental, LLP, inter alia, to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of 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 motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before June 26, 2017, the appellant shall serve and file a supplemental record containing the judgment and notice of appeal from the judgment; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment is 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 cross motion is otherwise denied.

BALKIN, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court