Queens Fresh Meadows, LLC v Janice Newberry
Motion No: 2014-00651 QC
Slip Opinion No: 2014 NY Slip Op 69802(U)
Decided on April 8, 2014
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-651 Q C
Queens Fresh Meadows, LLC, Respondent, v
Janice Newberry, Appellant, et al., Undertenants.

Appeal from an order of the Civil Court of the City of New York, Queens County, dated February 9, 2012.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of an amended judgment on March 22, 2012 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order may be brought up for review and considered on an appeal from the amended judgment (see CPLR 5501 [a] [1]).

ENTER:

Paul Kenny

Chief Clerk