Debellas v Verrill
Motion No: 2006-11285
Slip Opinion No: 2007 NYSlipOp 71708(U)
Decided on June 18, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M56013

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2006-11285

Susan Debellas, appellant,

v Ralph Verrill, et al., respondents.

(Index No. 9593-04)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated October 2, 2006.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and will be considered on the appeal from the judgment entered December 11, 2006 (see CPLR 5501[a][1]), pending under Appellate Division Docket No. 2007-01019.

MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court