| Tierone Bank v Niles |
| Motion No: 2006-11506 |
| Slip Opinion No: 2009 NYSlipOp 60549(U) |
| Decided on January 13, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M81101
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2006-11506 Tierone Bank, respondent, v Rosaria Niles, etc., appellant, et al., defendants. (Index No. 16966-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to amend her brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 23, 2006, to add her notarized signature, for a temporary restraining order and a stay, and to strike the respondent's brief.
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 appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order dated October 23, 2006, terminated with entry of judgment of the same court entered November 16, 2007, in the above-entitled action (see Matter of Aho, 39, NY2d 241) and no appeal from the judgment has been taken; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court