Opinion
Motion No. 2023-00183 Index No. 159492/21 Case Nos. 2022-03731 202204330
02-16-2023
1995 Cam LLC, Plaintiff-Respondent-Appellant, v. West Side Advisors, LLC, Gary Lieberman, Defendants-Appellants-Respondents.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, David Friedman Peter H. Moulton Tanya R. Kennedy Bahaati E. Pitt-Burke, Justices.
An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 16, 2022 (Case No. 2022-03731), and said appeal having been deemed withdrawn by correspondence from counsel for defendants-appellants, dated December 19, 2022, "so ordered" on December 27, 2022, And an appeal having been taken to this Court from an amended order of the same court and justice, entered on or about September 02, 2022 (Case No. 2022-04330), said order having superseded the order entered on or about August 16, 2022 and which was appealed under Case No. 2022-03731, And plaintiff-respondent-appellant having moved for an order deeming its cross appeal taken from the order entered on or about August 16, 2022 under Case No. 2022-03731, to be a valid appeal from the amended order entered on or about September 02, 2022 under Case No. 2022-04330, and for consolidation of the aforesaid appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted, pursuant to CPLR 5520(c), to the extent of deeming plaintiff-respondent-appellant's notice of cross appeal to constitute an appeal from the amended order entered on September 02, 2022, and deeming said appeal to be a cross-appeal of the amended order under Case No. 2022-04330.