| Levine v Cabrera |
| Motion No: 2012-00268 |
| Slip Opinion No: 2012 NY Slip Op 76329(U) |
| Decided on June 15, 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
M138531
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2012-00268, 2012-04831 Bryanna Levine, respondent, v Christopher Cabrera, appellant. (Index No. 11-7990)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated October 19, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court in the above-entitled action entered January 4, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated October 19, 2011, is deemed also to be a notice of appeal from the judgment entered January 4, 2012 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, and the issues raised on the appeal from the order are brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241).
SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court