Appellate Division: Second Judicial Department

M249931

E/rr

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-08963 In the Matter of Arie Berkovitz, et al., petitioners, v Helms Brothers, Inc., et al., respondents; H.Q. Nguyen, et al., nonparty-appellants-respondents Yankowitz Law Firm, nonparty-respondent-appellant (Index No. 27886/05)

DECISION & ORDER ON MOTION ; .

Motion by the nonparty-appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated July 5, 2017, to deem the notice of appeal to be a premature notice of appeal from a judgment of the same court dated December 22, 2017, and to enlarge the time to perfect the appeal. Cross motion by the nonparty-respondent-appellant to dismiss the appeal from the order on the ground that the right of direct appeal terminated upon entry of the judgment.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]) to the extent that the judgment raises issues concerning the order, and the nonparty-appellants-respondents' time to perfect the appeal is enlarged until July 10, 2018; and it is further,

ORDERED that on the Court's own motion, the notice of cross appeal from the order is deemed to be a premature notice of cross appeal from the judgment (see CPLR 5520[c]) to the extent that the judgment raises issues concerning the order, and the nonparty-respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court