Opinion
Motion No: 2012-01092 2012-04163 Index No. 9839/10 M137561
05-11-2012
Shaun Martin, appellant, v. John Tekaaho, et al., respondents.
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered December 1, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered February 6, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order entered December 1, 2011, is deemed also to be a notice of appeal from the judgment entered February 6, 2012 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court