| B & R Mechanical, Inc. v Oak Ridge Hollow, LLC |
| Motion No: 2015-12289 |
| Slip Opinion No: 2017 NY Slip Op 76770(U) |
| Decided on June 13, 2017 |
| 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
M232260
E/ct
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2015-12289, 2016-09716, 2016-09717 B & R Mechanical, Inc., respondent, v Oak Ridge Hollow, LLC, et al., appellants. (Index No. 36643/12)
| DECISION & ORDER ON MOTION |
Appeals by the defendants from two orders of the Supreme Court, Suffolk County, dated November 19, 2015, and August 15, 2016, respectively, and a decision and order (one paper) of the same court dated August 5, 2016. By order to show cause dated March 31, 2017, inter alia, the appellants were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that any right of direct appeal from the orders dated November 19, 2015, and August 15, 2016, and the decision and order dated August 5, 2016, terminated with entry of the final judgment on September 26, 2016. Motion by the appellant Oak Ridge Hollow, LLC, in effect, pursuant to CPLR 5520(c) to deem the notice of appeal from the decision and order dated August 5, 2016, to be a premature notice of appeal from the judgment entered September 26, 2016, and to enlarge the time to perfect the appeal.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by the appellant Oak Ridge Hollow, LLC, and the papers filed in opposition thereto, it is it is
ORDERED that the motion by the appellant Oak Ridge Hollow, LLC, is granted, pursuant to CPLR 5520(c) the notice of appeal from the decision and order dated August 5, 2016, is deemed to be a premature notice of appeal from the judgment entered September 26, 2016, and the time to perfect that appeal is enlarged until July 7, 2017; and it is further,
ORDERED that the motion to dismiss the appeals is granted to the extent that the appeals from the orders dated November 19, 2015, and August 15, 2016, are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241), and the motion is otherwise denied as academic in light of our determination on the appellant's motion.
ENG, P.J., LEVENTHAL, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court