Laner v Laner
Motion No: 2016-05817
Slip Opinion No: 2017 NY Slip Op 87619(U)
Decided on October 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238867

E/ct

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-05817, 2016-10022, 2016-10025,

2016-10026

Lauren Laner, appellant,

v Linda Laner, et al., respondents.

(Index No. 100595/15)

DECISION & ORDER ON MOTION

Appeals by Lauren Laner from an order of the Supreme Court, Richmond County, dated February 19, 2016, and three judgments of the same court dated June 14, 2016, July 12, 2016, and August 12, 2016, respectively. By order to show cause dated June 21, 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 from the order insofar as taken against the defendants RUMC, Bayley Seton, Payne Whitney, and SIUH on the ground that the right of direct appeal from the order terminated with entry of the judgments dated June 14, 2016, July 12, 2016, and August 12, 2016, in favor of those defendants, and to dismiss the appeals from the judgments for failure to timely perfect those appeals.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the appeals are consolidated, the briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeals from the judgments, and on or before November 6, 2017, the appellant shall serve and file a supplemental record containing the judgments and notices of appeal from the judgments; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order insofar as taken against the defendants RUMC, Bayley Seton, Payne Whitney, and SIUH 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 branch of the motion which is to dismiss the appeals from the judgments are denied.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court