| Schreiber v Simon-Erdan |
| Motion No: 2012-09590 |
| Slip Opinion No: 2012 NY Slip Op 89310(U) |
| Decided on November 1, 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
M145855
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2012-09590, 2012-09591 David Schreiber, etc., respondent, v Pamela A. Simon-Erdan, etc., appellant, et al., defendant. (Index No. 5563/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated July 17, 2012, and a judgment of the same court also dated July 17, 2012.
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 dated July 17, 2012 (Appellate Division Docket No. 2012-09590), is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241) and the issues raised on the appeal from the order are brought up for review on the appeal from the judgment; and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court