| Bank of New York Mellon Corporation v Fortune |
| Motion No: 2017-08014 |
| Slip Opinion No: 2019 NY Slip Op 60394(U) |
| Decided on January 9, 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
M259022
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-08014 Bank of New York Mellon Corporation, etc., respondent, v Jacqueline Fortune, appellant, et al., defendants. (Index No. 36245/12)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Rockland County, dated July 5, 2017. By order to show cause dated November 15, 2018, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Rockland County, dated January 25, 2018, in the above-entitled action. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and the parties' briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the appellant's motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order (see CPLR 5520[c]), the record and the parties' briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before January 31, 2019, the appellant shall serve and file a supplemental record containing the judgment.
BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court