| Guiliano v White Plains City School District |
| Motion No: 2011-11851 |
| Slip Opinion No: 2012 NY Slip Op 73925(U) |
| Decided on May 23, 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
M138155
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-11851 Gabrielle Guiliano, etc., et al., appellants, v White Plains City School District, et al., respondents. (Index No. 08-3247)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellants' appendix and brief on an appeal from an order of the Supreme Court, Westchester County, entered October 28, 2011, on the ground that the appendix is inadequate. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]), on the ground that the right of direct appeal from the order entered October 28, 2011, terminated upon entry of a judgment of the same court entered November 9, 2011, without prejudice to raising issues relating to the order on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the respondents' motion and application are denied as academic.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court