| Mahon, Mahon, Kerins & O'Brien, LLC v Moskoff |
| Motion No: 2009-00053 |
| Slip Opinion No: 2010 NY Slip Op 63255(U) |
| Decided on February 16, 2010 |
| 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
M98588
J/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2009-00053 Mahon, Mahon, Kerins & O'Brien, LLC, respondent, v David Moskoff, etc., appellant, et al., defendants. (Index No. 6751/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered December 12, 2008, on the ground that the right of direct appeal terminated with entry of the judgment in the above-entitled action on January 16, 2009. Application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as the right of direct appeal terminated with entry of the judgment in the above-entitled action on January 16, 2009 (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the application is denied as academic.
DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court