Tso-Horiuchi v Horiuchi
Motion No: 2013-02981
Slip Opinion No: 2013 NY Slip Op 83778(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M161452

S/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-02981

Wendy Tso-Horiuchi, appellant,

v Kentaro Horiuchi, respondent.

(Index No. 201729/05)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 23, 2013.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Nassau County, entered April 10, 2013, in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court