| Chen & Lin 7173 Realty, LLC v City of New York |
| Motion No: 2020-04291 |
| Slip Opinion No: 2021 NY Slip Op 70906(U) |
| Decided on September 1, 2021 |
| 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
M278903
E/sl
LEONARD B. AUSTIN, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
WILLIAM G. FORD, JJ.
|
2020-04291, 2020-07942 Chen & Lin 7173 Realty, LLC, appellant, v City of New York, et al., defendants, Raymond Nickolson, etc., et al., respondents. (Index No. 520686/2017)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, dated March 10, 2020, and October 1, 2020, respectively. Motion by the respondent Raymond Nickolson to dismiss the appeal from the order dated October 1, 2020, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of a judgment of the same court dated October 1, 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 notice of appeal from the order dated October 1, 2020, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), and the record and briefs filed in connection with the appeal from the order dated October 1, 2020, are deemed to be filed in connection with the appeal from the judgment; and it is further,
ORDERED that the motion is denied.
AUSTIN, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court