Opinion
Motion No: 2012-00451 2012-06911 Index No. 4056/06 M141662
08-06-2012
Laurie Braverman, et al., appellants, v. Bendiner & Schlesinger, Inc., et al., respondents.
, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Separate motions by the respondent Bendiner & Schlesinger, Inc., and the respondent Daytop Village, Inc., to dismiss an appeal from an order dated December 5, 2011, on the grounds that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered April 13, 2012, and that the appendix is inadequate, or alternatively, to enlarge the time to serve and file their respective respondents' briefs.
Upon the papers filed in support of the motions 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 December 5, 2011, is deemed also to be a notice of appeal from the judgment entered April 13, 2012 (see CPLR 5501[c]); and it is further,
ORDERED that the branches of the motions which are to dismiss the appeal from the order dated December 5, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment entered April 13, 2012, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branches of the motions which are to dismiss the appeal from the order dated December 5, 2011, on the ground that the appendix is inadequate are denied on condition that on or before September 5, 2012, the appellants serve and file a supplemental appendix containing:
(1) a copy of the judgment entered April 13, 2012,
(2) the notice of motion of the respondent Bendiner & Schlesinger, Inc., for summary judgment dated July 18, 2011;
(3) the affirmation in support of Jacqueline Mandell dated July 18, 2011;
(4) the affirmation in opposition of Kevin Bloom dated August 4, 2011;
(5) the affidavit in opposition of Laurie Braverman dated August 4, 2011;
(6) the reply affirmation of Jacqueline Mandell dated August 17, 2011;
(7) the notice of motion of the respondent Daytop Village, Inc., for summary judgment dated July 13, 2011;
(8) the affirmation in opposition of Kevin Bloom dated August 4, 2011;
(9) the affidavit in opposition of Laurie Braverman dated August 21, 2011;
(10) the reply affirmation of Michael S. Brown dated August 18, 2011; and it is further,
ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is enlarged until October 5, 2012, and the respondents' respective briefs must be served and filed on or before that date.
DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court