Kathleen Bednark v the City of New York et al.

Motion No: M-1617

Slip Opinion No: 2018 NYSlipOp 71026(U)

Decided on May 1, 2018

Appellate Division, First 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.

May 1, 2018

Kathleen Bednark,

Plaintiff-Respondent,

v

The City of New York, et al., Defendants-Respondents,

Heron Real Estate Corp.,

Defendant-Appellant,

-and-

BP America, Inc., et al.,

Defendants.

Separate appeals having been taken from the order and judgment of the Supreme Court, Bronx County, entered on or about May 11, 2017 and November 20, 2017, respectively, and the appeal from the judgment entered on or about November 20, 2017 having been perfected, And defendant-appellant Heron Real Estate Corp., and defendants BP America, Inc. and Accede, Inc. having moved to withdraw the appeal from the order entered on or about May 11, 2017, to proceed with the appeal from the judgment entered on or about November 20, 2017, and to adjourn said appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal from the order entered on or about May 11, 2017, as subsumed in the judgment entered on or about November 20, 2017. Defendants-appellant are directed to file nine copies of the judgment entered November 20, 2017, and their notice of appeal therefrom, along with a cover letter and a copy of this order, within seven days of the date of entry hereof. The motion is otherwise denied. ENTERED: May 1, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Peter Tom Richard T. Andrias Troy K. Webber Marcy L. Kahn,Justices

M-1617

Index No. 102889/09