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FERRIS v. LUSTGARTEN FOUNDATION

2017-01721, 2017-01723, 2020-02030. Index No. 606353/16.

189 A.D.3d 1002 (2020)

138 N.Y.S.3d 517

2020 NY Slip Op 07357

Diane C. Ferris, Appellant, v. Lustgarten Foundation et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 9, 2020.

Attorney(s) appearing for the Case

Ellenoff Grossman & Schole LLP, New York, NY ( Paul P. Rooney of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY ( Eric J. Sauter and Richard L. Reiter of counsel), for respondent Lustgarten Foundation.

Kelley Drye & Warren LLP, New York, NY ( Barbara E. Hoey of counsel), for respondent Cablevision Systems Corporation.

Dillon, J.P., Cohen, Miller and Iannacci, JJ., concur.

Ordered that the appeal from the order entered January 20, 2017, is dismissed (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]); and it is further,

Ordered that on the Court's own motion, the notice of appeal from the order entered February 10, 2017, is deemed to be a premature notice of appeal from so much of the judgment as, upon that order, is in favor of the defendant Cablevision Systems Corporation and against the plaintiff...

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