Opinion
Motion No: 2011-036402012-02095Index No. 32456-09M133930
03-08-2012
Edward J. Behar, et al., respondents, v. Michael Wiblishauser, et al., appellants.
, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 1, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of judgment in the above-entitled action.
Upon the papers filed in support of the motion 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 March 1, 2011, is deemed also to be a notice of appeal from the judgment dated November 9, 2011 (see CPLR 5501[c]); and it is further,
ORDERED that on or before April 6, 2012, the appellants shall serve and file a supplemental record containing the judgment dated November 9, 2011; 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., LEVENTHAL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court