| MAURICA TALLARIDA V CITY OF CORNING AND JEFFREY HEVERLY |
| Motion No: CA 09-01968 |
| Slip Opinion No: 2010 NY Slip Op 63071(U) |
| Decided on February 9, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND LINDLEY, JJ.
DOCKET NO. CA 09-01968
| MAURICA TALLARIDA, PLAINTIFF-APPELLANT, V CITY OF CORNING AND
JEFFREY HEVERLY, DEFENDANTS-RESPONDENTS. |
An appeal having been taken herein from an order of the Supreme Court, Steuben County, entered December 10, 2008, and defendants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 21, 2009, that granted plaintiff's motion for an extension of time to perfect the appeal and denied defendants' cross motion to dismiss the appeal,
Now, upon reading and filing the affirmation of Andrew J. Schwab dated November 25, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Melvin Bressler dated December 07, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument is granted and, upon reargument, defendants' cross motion to dismiss the appeal is granted and the appeal is dismissed on the ground that plaintiff's right of direct appeal from the post-judgment order terminated with the entry of judgment in the action (see Paul Revere Life Ins. Co., v Campagna, 233 AD2d 954; Dietz International Public Adjusters, Inc., v Frankart Distributors, Inc., 157 AD2d 625).
Entered: February 9, 2010
Patricia L. Morgan, Clerk