| Tarrant v TGI Friday's, Inc. |
| Motion No: 2018-01566 |
| Slip Opinion No: 2019 NY Slip Op 60169(U) |
| Decided on January 3, 2019 |
| 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
M258329
E/afa
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-01566, 2018-01587 Margaret Tarrant, respondent, v TGI Friday's, Inc., appellant. (Index No. 70709/15)
| DECISION & ORDER ON MOTION |
2018-06087
Margaret Tarrant, appellant,
v Carlson, Inc., et al., respondents.
(Index No. 70709/15)
2018-06089
Margaret Tarrant, appellant,
v Carlson, Inc., et al., respondents.
(Index No. 70709/15)
Motion by TGI Friday's, Inc., to extend its time to perfect appeals from two orders of the Supreme Court, Westchester County, dated December 15, 2017, and January 5, 2018, respectively, to consolidate those appeals with appeals by Margaret Tarrant from a judgment of the same court dated May 7, 2018, and a clerk's extract of the minutes of a jury verdict of the same court dated April 23, 2018, and for an expedited briefing schedule. Separate motion by Margaret Tarrant to extend the time to perfect the appeals from judgment of the same court dated May 7, 2018, and the clerk's extract.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that on the Court's own motion, the appeal from the clerk's extract is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,
ORDERED that the motion by TGI Friday's, Inc., is denied as academic; and it is further,
ORDERED that the motion by Margaret Tarrant is granted to the extent that the time to perfect the appeal from the judgment is extended until February 15, 2019, and that motion is otherwise denied as academic.
LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court