Walzer v Orange and Rockland Utilities, Inc.
Motion No: 2010-06151
Slip Opinion No: 2011 NY Slip Op 60952(U)
Decided on January 11, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M113441

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-06151, 2010-06154

Andrew Walzer, appellant,

v Orange and Rockland Utilities, Inc.,

et al., respondents.

(Index No. 09-3559)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Rockland County, dated March 8, 2010 (Appellate Division Docket No. 2010-06151), and a judgment of the same court dated May 14, 2010 (Appellate Division Docket No. 2010-06154), to deem the notice of appeal from the order to have been timely filed.

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 on the Court's own motion, the appeal from the order dated March 8, 2010 (Appellate Division Docket No. 2010-06151), is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment dated May 14, 2010 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court