Appellate Division: Second Judicial Department

M263226

E/mm

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-08198, 2017-08452, 2018-02718, 2018-02827 J.C. Ryan EBCO/H & G, LLC, etc., appellant, v Cyber-Struct, Inc., et al., respondents. (Index No. 18549/03)

DECISION & ORDER ON MOTION

Motion by the respondents Louis Zuccaro and Patrick Fierro on appeals from four orders of the Supreme Court, Kings County, one dated November 29, 2016, one dated December 14, 2016, one dated December 14, 2017, and one entered December 26, 2017, to dismiss the appeal from the order dated December 14, 2016, on the ground that the order has been superseded by an order of the same court dated December 27, 2016, and to dismiss the appeal from the order dated December 14, 2017, on the ground that the appeal has been rendered academic.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated December 14, 2016, is deemed to be a notice of appeal from the order dated December 27, 2016 (see CPLR 5512[a]), and on or before July 8, 2019, the appellant shall serve and file a supplemental record containing the order dated December 27, 2016; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 14, 2017, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court