| Fredo Joseph v Mohamed Jalloh |
| Motion No: 2010-01794 kc |
| Slip Opinion No: 2010 NY Slip Op 85047(U) |
| Decided on October 7, 2010 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Fredo Joseph, Respondent, v Mohamed Jalloh, Appellant. |
Motion by respondent to dismiss appeals from an order of the Civil Court of the City of New York, Kings County, dated June 15, 2009, and from a judgment of the same court entered April 30, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal from the order dated June 15, 2009 is granted; and it is further,
ORDERED that the branch of the motion seeking to dismiss the appeal from the judgment entered April 30, 2010 is denied on condition that the appeal be perfected by December 3, 2010; and it is further,
ORDERED that in the event the appeal from the judgment is not perfected on or before December 3, 2010, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
The appeal from the intermediate order is dismissed because no appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the intermediate order are brought up for review on the appeal from the judgment (see CPLR 5501 [a] [1]).
ENTER:
Marsha L. Steinhardt
Associate Justice