| Ives v Fieldpoint Community Association, Inc. |
| Motion No: 2017-08003 |
| Slip Opinion No: 2018 NY Slip Op 71556(U) |
| Decided on May 4, 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
M249530
E/afa
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-08003, 2018-04895 Alan J. Ives, et al., appellants, v Fieldpoint Community Association, Inc., respondent. (Index No. 71013/14)
| 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, Westchester County, dated June 26, 2017, to be a premature notice of appeal from a judgment of the same court dated August 10, 2017, and to enlarge the time to perfect 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 pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is for an enlargement is granted, the appellants' time to perfect the appeals is enlarged until June 4, 2018, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.
MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court