Rotering v Satz
Motion No: 2009-02773
Slip Opinion No: 2009 NY Slip Op 80021(U)
Decided on August 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90511

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-02773

Robert H. Rotering, etc., appellant,

v Perry Satz, et al., respondents.

(Index No. 1743/08)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated February 23, 2009, in effect, on the ground that the right of direct appeal from the order terminated upon entry of a judgment in the above-entitled action, dated May 1, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248).

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court