| Bibeau v Sudick |
| Motion No: 2012-06421 |
| Slip Opinion No: 2013 NY Slip Op 72085(U) |
| Decided on April 29, 2013 |
| 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
M155487
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-06421, 2013-01769 Ovila Bibeau, respondent, v Lydia Sudick, appellant. (Index No. 10-11828)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from an order of the Supreme Court, Orange County, dated May 21, 2012, and a judgment of the same court dated January 15, 2013, and to enlarge the time to perfect the appeal from the order.
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 (Appellate Division Docket No. 2012-06421) 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 it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court