Opinion
2015-03734 2015-04897 2016-04709 2016-04710 2016-04711
05-19-2016
John Andrew McSpedon, appellant, v. Linnea J. Levine, et al., respondents.
M211501
E/sl
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
HECTOR D. LASALLE, JJ.
(Index No. 61202/14)
DECISION & ORDER ON MOTION
Motion by the appellant to deem the notice of an appeal from an order of the Supreme Court, Westchester County, dated April 2, 2015, to be a premature notice of appeal from three judgments of the same court one dated April 10, 2015, and two dated April 17, 2015. Cross motion by the respondent Linnea J. Levine, separate cross motion by the respondents David C. Erdos and Pamela A. Erdos, and separate cross motion by the respondents Vickie R. Pierce and Leslie J. Dagnall to dismiss the appeal from the order as well as an appeal from a judgment of the Supreme Court, Westchester County, dated May 6, 2015, as untimely taken and to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motion and the cross 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 is deemed to be a notice of appeal from the judgment dated April 10, 2015, with respect to the respondents David C. Erdos and Pamela A. Erdos, the judgment dated April 17, 2015, with respect to the respondents Vickie R. Pierce and Leslie J. Dagnall, and the judgment dated April 17, 2015, with respect to the respondent Linnea J. Levine (see CPLR 5512[a]); and it is further,
ORDERED that on the Court's own motion, the appeal from the order is dismissed insofar as taken against Nina E. Rumbold, without costs or disbursements, on the ground that the right of direct appeal from so much of the order as granted Nina E. Rumbold's motion to dismiss the complaint insofar as asserted against her terminated upon entry of the judgment dated May 6, 2015, dismissing the complaint insofar as asserted against her in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that on the Court's own motion, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeals from the judgments, and on or before June 3, 2016, the appellant shall serve and file a supplemental record containing the four judgments as well as the notice of appeal from the judgment dated May 6, 2016; and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the branches of the cross motions which are to dismiss the appeals is denied; and it is further,
ORDERED that the branches of the cross motions which are to enlarge the time of the respondent Linnea J. Levine, the respondents David C. Erdos and Pamela A. Erdos, and the respondents Vickie R. Pierce and Leslie J. Dagnall to serve and file their respective briefs are granted, the cross movants' time to serve and file their respective briefs is enlarged until July 5, 2016, and the cross movants' briefs must be served and filed on or before that date; and it is further,
ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until July 20, 2016, and the reply brief must be served and filed on or before that date.
CHAMBERS, J.P., HALL, AUSTIN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court