| Rostholder v Forde |
| Motion No: 2018-12250 |
| Slip Opinion No: 2020 NY Slip Op 71930(U) |
| Decided on September 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
M273048
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-12250, 2019-02092, 2019-02093 Richard Rostholder, respondent, v Sherry Forde, et al., appellants. (Index No. 2164/2017)
| DECISION & ORDER ON MOTION |
Appeals from three orders of the Supreme Court, Nassau County, one entered June 21, 2018, and two entered December 5, 2018. Motion by the respondent to dismiss the appeals 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 January 24, 2020.
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 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, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-12250 and not under Appellate Division Docket Nos. 2019-02092, 2019-02093, on or before October 19, 2020, the parties shall submit corrected covers for the record and briefs that do not contain Appellate Division Docket Nos. 2019-02092, 2019-02093 and contain the caption reflected in the judgment, and upload digital replacement copies of the record and briefs that contain the corrected covers, on or before October 19, 2020, the appellants shall serve a supplemental record containing the judgment and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellants shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., DILLON, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court