| J. Jeffrey Craven v John C. Rigas. |
| Motion No: 506998 |
| Slip Opinion No: 2009 NY Slip Op 81680(U) |
| Decided on August 21, 2009 |
| Appellate Division, Third 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. |
Decided and Entered: August 21, 2009
Case #
506998
J. JEFFREY CRAVEN, Respondent, v Appellant. | DECISION AND ORDER ON MOTION |
Motion to withdraw appeal taken by notice of appeal dated April 6, 2009.
Upon the papers filed in support
of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, without costs, on the
ground that the right of direct appeal from the order of Supreme Court dated February 24, 2009 terminated with the entry of the final judgment
on June 30, 2009 (see Citibank, N.A. v Kenney, 17 AD3d 305 [2005]; First Union Natl. Bank v Tecklenburg, 2 AD3d 575 [2003]). The scope
of appellate review from the final judgment includes any interlocutory order that necessarily affects the final judgment (see Evergreen Bank v
Giroux, 273 AD2d 586 [2000]).
SPAIN, J.P., ROSE, LAHTINEN, KANE and STEIN, JJ., concur.
ENTER:
Michael J.
Novack
Clerk of the Court