| Eames v Town of Smithtown |
| Motion No: 2007-00312 |
| Slip Opinion No: 2009 NYSlipOp 66149(U) |
| Decided on March 11, 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
M83499
E/cb
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2007-00312, 2007-09820
Grace Eames, et al., appellants, v Town of Smithtown, et al., respondents.
(Index No. 31743-96)
| DECISION & ORDER ON MOTION |
Appeals by the plaintiffs from (1) an order of the Supreme Court, Suffolk County, dated September 8, 2006, and (2) a judgment of the same court dated September 4, 2007. By order to show cause dated January 9, 2009, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered (1) dismissing the appeal from the order dated September 8, 2006, on the ground that it had been superseded by the judgment dated September 4, 2007, and the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and (2) dismissing the appeal from the judgment for failure to timely perfect (see 22 NYCRR 670.8[e]).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeals dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248; 22 NYCRR 670.8[e]).
RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court