| McKesson Medical-Surgical Minnesota Supply Inc. v Advantage Care |
| Motion No: 2019-12544 |
| Slip Opinion No: 2020 NY Slip Op 65685(U) |
| Decided on April 27, 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
M270615
kbp/
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2019-12544 McKesson Medical-Surgical Minnesota Supply, Inc., respondent, v Advantage Care, Inc., appellant. (Index No. 151581/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem the notice of appeal from an order of the Supreme Court, Richmond County, dated October 2, 2019, to be a notice of appeal from a judgment of the same court dated October 8, 2019, and to stay enforcement of the judgment, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted, and the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied.
BALKIN, J.P., MALTESE, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court