| Christiana Trust v Victor |
| Motion No: 2020-02040 |
| Slip Opinion No: 2022 NY Slip Op 73050(U) |
| Decided on October 17, 2022 |
| 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
M285402
MB/COLLEEN D. DUFFY, J.P.
REINALDO E. RIVERA
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2020-02040 Christiana Trust, etc., respondent, v James Victor, appellant. (Index No. 3714/2016)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Nassau County, dated November 8, 2019. By order to show cause dated July 20, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision. Motion by James Victor, in effect, to deem the notice of appeal from the decision to be a notice of appeal from an order of the same court dated November 8, 2019, and to deem the notice of appeal to reflect that James Victor is the appellant.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal from the decision to be a notice of appeal from the order dated November 8, 2019, is granted, and the notice of appeal from the decision is deemed to be a notice of appeal from the order dated November 8, 2019 (see CPLR 5512[a]); and it is further,
ORDERED that on or before November 16, 2022, the appellant shall serve and file a supplemental record containing the order dated November 8, 2019, with notice of entry, via NYSCEF, of applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that James Victor is the appellant is granted (see CPLR 2001).
DUFFY, J.P., RIVERA, DOWLING and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court