| Magnotti v Kirsch |
| Motion No: 2009-07382 |
| Slip Opinion No: 2010 NY Slip Op 66764(U) |
| Decided on March 26, 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
M100073
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2009-07382 Fran Magnotti, etc., appellant, v Nancy Kirsch, et al., respondents. (Index No. 34441/07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Nancy Kirsch and Timothy Curran to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 29, 2009, on the ground that the right of direct appeal terminated with entry of the judgment in the above-entitled action.
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, as the right of direct appeal terminated with entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241, 248).
FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court