Appellate Division: Second Judicial Department

M237022

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-08959 Valley Forge Insurance Company, et al., appellants-respondents, v ACE American Insurance Company, respondent-appellant, et al., defendants. (Index No. 34306/07)

DECISION & ORDER ON MOTION

Appeal by Valley Forge Insurance Company and Transportation Insurance Company, and cross appeal by ACE American Insurance Company from an order of the Supreme Court, Kings County, dated June 17, 2015. By order to show cause dated June 16, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal on the ground that the right of direct appeal from the order terminated with entry of a judgment of the Supreme Court, Kings County, entered December 19, 2016, in the above-entitled action.

ORDERED that on the Court's own motion, the notice of appeal and the notice of cross appeal from the order dated June 17, 2015, are deemed to be a notice of appeal and notice of cross appeal from the judgment entered December 19, 2016 (see CPLR 5512[a]), and on or before September 29, 2017, the appellants-respondents shall serve and file a supplemental joint record containing the judgment; and it is further,

ORDERED that the motion to dismiss the appeal and cross appeal is denied.

MASTRO, J.P., HALL, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court