Stolarski v Family Services of Westchester, Inc.
Motion No: 2011-09475
Slip Opinion No: 2011 NY Slip Op 93893(U)
Decided on December 27, 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

M130830

J/sl

WILLIAM F. MASTRO, A.P.J.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-09475, 2011-10952

Arlene Stolarski, etc., et al., respondents,

v Family Services of Westchester, Inc., appellant.

(Index No. 06-3082)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Westchester County, entered September 22, 2011, and a judgment of the same court dated October 25, 2011, inter alia, for summary reversal.

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 entered September 22, 2011 (Appellate Division Docket No. 2011-09475), is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom 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 for summary reversal of the order entered September 22, 2011, is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, A.P.J., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court