| Dugan v Lakeville Realty Co., LLC |
| Motion No: 2022-07695 |
| Slip Opinion No: 2025 NY Slip Op 64001(U) |
| Decided on March 5, 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
M303310
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2022-07695 Rachel Dugan, plaintiff, v Lakeville Realty Co., LLC, defendant/second third-party plaintiff-appellant; POM Recoveries, Inc., second third-party defendant-respondent (and another third-party action). (Index No. 606526/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated July 18, 2022. Motion by the respondent 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 interlocutory judgment of the same court dated August 29, 2022. Application by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the interlocutory judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the notice of appeal from the order is deemed to be a premature notice of appeal from the interlocutory judgment (see CPR 5520[c]); and it is further,
ORDERED that the motion is denied.
DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court