| Kathryn Drummer & Waltzing Matilda, Inc. v Bingrib Mgt., Ltd. & Susan Piper |
| Motion No: 2007-00645 KC |
| Slip Opinion No: 2007 NYSlipOp 86773(U) |
| Decided on December 18, 2007 |
| Appellate Term, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| KATHRYN DRUMMER and WALTZING MATILDA, INC., Appellants, -against- BINGRIB MANAGEMENT, LTD. and SUSAN PIPER, Respondents. |
DECISION
Motion by appellants to consolidate appeals 2007-645 K C and 2007-1837 K C is denied.
On the court's own motion, appeal 2007-645 K C is dismissed.
On the court's own motion, appeal 2007-1837 K C shall be perfected by March 6, 2008.
Ordered that in the event the appeal is not perfected on or before March 6, 2008, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.
No appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on appeal from the intermediate order are brought up for review on the appeal from the judgment (see, CPLR 5501[a] [1]).