Friedman v. Progressive Direct Ins. Co.

Full title: Judith Friedman, et al., respondents-appellants, v. Progressive Direct…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Aug 9, 2011

Motion No: 2011-00775 (N.Y. App. Div. Aug. 9, 2011)

Opinion

Motion No: 2011-00775 Index No. 33074/09M123516

08-09-2011

Judith Friedman, et al., respondents-appellants, v. Progressive Direct Insurance Company, appellant-respondent.

REINALDO E. RIVERA

, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

DECISION & ORDER ON MOTION

Appeal by Progressive Direct Insurance Company from an order of the Supreme Court, Kings County, dated September 16, 2010. Appeal by Judith Friedman and Richard Friedman from a judgment of the same court dated December 7, 2010. Motion by Judith Friedman and Richard Friedman to dismiss the appeal from the order on the ground that the right of direct appeal terminated upon entry of the judgment. Cross motion by Progressive Direct Insurance Company pursuant to CPLR 5520(c), in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment. Application by Progressive Direct Insurance Company pursuant to 22 NYCRR 670.8 (d)(2) to enlarge the time to perfect its appeal. Application by Judith Friedman and Richard Friedman pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect their appeal.

Upon the papers filed in support of the motion, the cross motion, and the applications, 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 September 16, 2010, by Progressive Direct Insurance Company is deemed to be a notice of appeal from the judgment dated December 7, 2010 (see CPLR 5512[c]); and it is further,

ORDERED that the application of Progressive Direct Insurance Company is denied as academic, as its appeal was timely perfected; and it is further,

ORDERED that the application of Judith Friedman and Richard Friedman is granted to the extent that, on or before September 9, 2011, Judith Friedman and Richard Friedman shall serve and file an answering brief, including their points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]), and the application is otherwise denied; and it is further,

ORDERED that the motion and cross motion are denied.

RIVERA, J.P., BELEN, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court