Appellate Division: Second Judicial Department

M268678

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2017-06162, 2017-07455, 2017-07456 Bridgehampton National Bank, etc., respondent, v D & G Partners, L.P., et al., defendants, Hanover Insurance Company, appellant. (Index No. 5832/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Nassau County, one entered April 14, 2017, and two entered May 26, 2017, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the same court entered June 29, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notices of appeal from the orders are deemed to be premature notices of appeal from the judgment (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-06162 and not under Appellate Division Docket Nos. 2017-07455 and 2017-07456, the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before February 7, 2020, the appellants shall serve and file a supplemental record containing the judgment and correct the covers of the record and briefs filed in the office of the Clerk of the Court to delete Appellate Division Docket Nos. 2017-07455 and 2017-07456; and it is further,

ORDERED that the motion is denied.

DILLON, J.P., AUSTIN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court