| Genovese v S & E Wine and Liquor Corp. |
| Motion No: 2017-03449 |
| Slip Opinion No: 2017 NY Slip Op 77029(U) |
| Decided on June 15, 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
M233044
E/sl
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-03449, 2017-06100 Nicky Genovese, also known as Nicky Genovese, respondent, v S & E Wine and Liquor Corp., et al., appellants. (Index No. 605794/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants pursuant to CPLR 5520(c) to deem a notice of appeal from an order of the Supreme Court, Nassau County, entered February 10, 2017, to be a premature notice of appeal from a judgment entered May 1, 2017, and, inter alia, to stay enforcement of the judgment pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court