| Kandel v FN; Taxi; Inc. |
| Motion No: 2017-09222 |
| Slip Opinion No: 2018 NY Slip Op 61810(U) |
| Decided on January 22, 2018 |
| 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
M244083
E/sl
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2017-09222, 2017-13353 Paul Kandel, et al., plaintiffs, v FN; Taxi; Inc., etc., et al., defendants, Brickman Group, Ltd., LLC, respondent, Port Authority of New York and New Jersey, appellant. (Action No. 1) Robert Flavors, et al., plaintiffs, v FN; Taxi; Inc., etc. et al., defendants, Brickman Group, Ltd., LLC, respo Port Authority of New York and New Jersey, appella (Action No. 2) (Index Nos. 3625/09, 27151/09)
| DECISION & ORDER ON MOTION , ndent, nt. |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 28, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court in the above-entitled action dated September 12, 2017.
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 motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
HALL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court