| Bank of America, N.A. v Integrated Construction Manage |
| Motion No: 2011-03821 |
| Slip Opinion No: 2011 NY Slip Op 83174(U) |
| Decided on September 12, 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. |
Appellate Division: Second Judicial Department
M125583
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-03821, 2011-03822 Bank of America, N.A., etc., respondent, v Integrated Construction Management, Inc., defendant, Roger Rowe, appellant. (Index No. 8365-08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Suffolk County, dated September 9, 2008, and a judgment of the same court entered March 9, 2009, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated September 9, 2008, is dismissed, without costs of disbursements, 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); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment entered March 9, 2009, is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and its is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court