Mark A. Guterman v Andrew Thompson
Motion No: 2010-01675 wc
Slip Opinion No: 2011 NY Slip Op 74608(U)
Decided on May 24, 2011
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1675 W C
Mark A. Guterman, Respondent, v Andrew Thompson, Appellant, and William Thompson, Defendant.

Motion by respondent to dismiss an appeal from an order of the City Court of White Plains, Westchester County, entered June 4, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed on the ground that the right of direct appeal from the order terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]).

ENTER:

Paul Kenny

Chief Clerk