Appellate Division: Second Judicial Department

M165280

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2012-08806, 2012-08823, 2012-11120, 2012-11200 Philip A. Campione, appellant, v Rita A. Alberti, respondent. (Index No. 200130/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, both dated July 25, 2012, and two orders of the same court dated September 28, 2012, and October 3, 2012, respectively, in effect, on the ground that they have been rendered academic by a custody stipulation dated August 9, 2009, and a stipulation of settlement dated November 15, 2012, or, in the alternative, to enlarge the record to include the custody stipulation and the stipulation of settlement, and to enlarge the time to serve and file a brief. By order to show cause dated October 21, 2013, the parties were directed to show cause before this Court why the appeals should or should not be dismissed on the ground that the right of direct appeal from the orders terminated with entry of a judgment dated April 2, 2013, in the above-entitled action, and the respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeals on the ground that the right of direct appeal from the orders terminated with entry of the judgment dated April 2, 2013, in the above-entitled action is granted and the appeals are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the respondent's motion is denied as academic.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court