Appellate Division: Second Judicial Department

M267689

E/sl

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-01901 Xiaoen Xie, respondent, et al., plaintiff v New York Fast General Contracting Corp., defendant, Park Place Estate, LLC, appellant. (Index No. 703150/13)

DECISION & ORDER ON MOTION

2018-02771, 2018-02772

Xiaoen Xie, appellant,

v Park Place Estate, LLC, respondent.

(Index No. 703150/13)

Appeal by Park Place Estate, LLC, from an order of the Supreme Court, Queens County, entered January 19, 2017. Appeals by Xiaoen Xie from a judgment of the Supreme Court, Queens County, entered September 20, 2017, and a decision of the same court entered June 6, 2017.

On the Court's own motion, it is

ORDERED that the notice of appeal from the order entered January 19, 2017, is deemed to be a premature notice of cross appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the record and briefs filed in connection with the appeal from the order entered January 19, 2017, are deemed to be filed under Appellate Division Docket Nos. 2018-02771, 2018-02772; and it is further,

ORDERED that the cross appeal from the judgment shall be deemed to be taken under Appellate Division Docket No. 2018-02772 and not under Appellate Division Docket No. 2017-01901; and it is further,

ORDERED that on or before December 18, 2019, the parties shall make the following corrections to the covers of the copies of the records and briefs filed with the Clerk of this Court: (1) as to all of the records and briefs, Xiaoen Xie should be designated as a respondent-appellant and Park Place Estate, LLC, should be designated as an appellant-respondent, (2) as to the records and briefs originally filed under Appellate Division Docket No. 2017-01901, that Appellate Division Docket No. should be deleted and Appellate Division Docket Nos. 2018-02771 and 2018-02772 should be substituted, Long Ying Chen and Fast General Contracting Corp. should be deleted from the caption, the record should be designated as a supplemental joint record and the briefs should be designated as supplemental briefs, (3) as to the record originally filed under Appellate Division Docket Nos. 2018-02771 and 2018-02772, the record should be designated as a joint record; and it is further,

ORDERED that on or before December 18, 2019, the parties shall file digital copies of the records and briefs that contain the foregoing corrections to the covers.

CHAMBERS, J.P., LASALLE, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court