| Christiana Trust v Moneta |
| Motion No: 2017-05114 |
| Slip Opinion No: 2020 NY Slip Op 68409(U) |
| Decided on July 10, 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
M269669
E/sl
ALAN D. SCHEINKMAN, P.J.
REINALDO E. RIVERA
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2017-05114 Christiana Trust, etc., respondent, v Orit Moneta, et al., appellants. (Index No. 5538/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered November 23, 2016. Motion to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court entered August 2, 2018.
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 on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
SCHEINKMAN, P.J., RIVERA, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court