| Rabasco v Euro Construction, Inc. |
| Motion No: 2012-04147 |
| Slip Opinion No: 2013 NY Slip Op 73781(U) |
| Decided on May 15, 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
M156350
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-04147 Anthony Rabasco, appellant, v Euro Construction, Inc., et al., respondents. (Index No. 10-13566)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 13, 2012, on the ground that the right of direct appeal terminated upon entry of judgment in the above-entitled action.
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 the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court