Olivares v Pollack 111 Bruce, LLC
Motion No: 2018-13816
Slip Opinion No: 2019 NY Slip Op 81259(U)
Decided on October 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266431

kbp/

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-13816

Angel Olivares, appellant,

v Pollack 111 Bruce, LLC, et al., respondents.

(Index No. 63814/16)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from an order of the Supreme Court, Westchester County, dated October 29, 2018, to be a premature notice of appeal from a judgment of the same court, dated December 14, 2018, to deem the record and 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.

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 the motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment, the record and 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 November 6, 2019, the appellant shall serve and file a supplemental record containing the judgment.

DILLON, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court