| Sutter v Inserra Supermarkets, Inc. |
| Motion No: 2011-07443 |
| Slip Opinion No: 2012 NY Slip Op 62063(U) |
| Decided on January 24, 2012 |
| 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
M131967
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2011-07443 Gael Sutter, appellant, v Inserra Supermarkets, Inc., respondent. (Index No. 02-5706)
| DECISION & ORDER ON MOTION |
Motion by Levine & Slavit to be relieved as the attorney for the appellant on an appeal from an order of the Supreme Court, Rockland County, entered June 6, 2011.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that on the Court's own motion, the appeal 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 October 26, 2011, in the above-entitled action (see Matter of Aho, 39 NY2d 241, 248); issues concerning the order can be raised on the appeal by the appellant pro se from the judgment pending under Appellate Division Docket No. 2011-11331 (see CPLR 5501[a][1]); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court