| Remede Consulting Group Inc. v Pitter |
| Motion No: 2024-00700 |
| Slip Opinion No: 2025 NY Slip Op 60600(U) |
| Decided on January 13, 2025 |
| 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
M302110
AFA/
BETSY BARROS, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LOURDES M. VENTURA, JJ.
|
2024-00700 Remede Consulting Group Inc., respondent, et al., plaintiff, v Jason Pitter, appellant, et al., defendants. (Index No. 606756/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated December 5, 2023. By order to show cause dated November 1, 2024, the parties to the appeal 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should or should not be made and entered dismissing the appeal on the ground that the order dated December 5, 2023, was superseded by a judgment of the same court dated December 12, 2023. Application by the appellant, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment.
Upon the order to show cause and the papers filed in response thereto and upon the papers filed in support of the application 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 application 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]).
BARROS, J.P., MILLER, DOWLING and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court