| Jemar Ira, LLC v Jeramie Morgan & Danielle Saunders |
| Motion No: 2011-01062 kc |
| Slip Opinion No: 2012 NY Slip Op 74225(U) |
| Decided on May 16, 2012 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Jemar Ira, LLC, Appellant, v Jeramie Morgan and Danielle Saunders, Respondents. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 14, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that the right of direct appeal from the intermediate order terminated with the entry of a final judgment in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]).
We note that the final judgment was entered on consent pursuant to a stipulation of settlement (see CPLR 5511; Weinstein-Korn-Miller, NY Civ Prac ¶ 5511.06) and that appellant's attempt, in the stipulation, to preserve its right of appeal from the intermediate order cannot be given effect.
ENTER:
Paul Kenny
Chief Clerk