| Betz v Blatt |
| Motion No: 2019-06939 |
| Slip Opinion No: 2020 NY Slip Op 64867(U) |
| Decided on March 18, 2020 |
| 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
M270402
kbp/
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2019-06939 Debra Betz, etc., respondent, v Arnold W. Blatt, appellant, et al., plaintiffs, et al., defendants. (Index No. 58938/11)
| DECISION & ORDER ON MOTION |
2019-14588
Debra Betz, etc., respondent,
v Arnold W. Blatt, appellant, et al.,
plaintiffs, et al., defendants.
(Index No. 58938/11)
Motion by the appellant for leave to appeal from a judgment of the Supreme Court, Westchester County, dated June 7, 2019, to consolidate that appeal with an appeal from a decision of the same court dated April 29, 2019, and to extend the time to perfect the appeals. Cross motion by the respondent to dismiss the appeal from the decision on the ground that the right of direct appeal from the decision terminated upon entry in the above-entitled action of the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross 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 decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), and the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2019-14588 and not under Appellate Division Docket No. 2019-06939; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the judgment is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, the appellant's time to perfect the appeal from the judgment is extended until April 17, 2020, and the record or appendix and the appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court