| Marion v City of New York |
| Motion No: 2018-07221 |
| Slip Opinion No: 2018 NY Slip Op 89457(U) |
| Decided on November 27, 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
M257754
E/mm
ALAN D. SCHEINKMAN, P.J.
ROBERT J. MILLER
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2018-07221, 2018-13754 Chad Marion, etc., et al., appellants, v City of New York , et al., respondents. (Index No. 27722/10)
| 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, Queens County, entered April 20, 2018, to be a premature notice of appeal from a judgment of the same court entered June 7, 2018.
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 denied as academic.
SCHEINKMAN, P.J., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court