Appellate Division: Second Judicial Department

M173567

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2013-06385, 2014-03305 Geraldine Fiore, et al., appellants, v Plainview Plaza, LLC, defendant third- party plaintiff-respondent; Daniel J. McCarthy Construction, Inc., et al., third- party defendants-respondents. (Index No. 19101/09)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 23, 2013, and for leave to perfect appeals from the order and a judgment of the same court entered February 24, 2014, with a three-volume record containing the papers filed in connection with the motions that resulted in the order as well as an additional record volume containing the judgment and notice of appeal from the judgment.

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 on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241), the issues raised on the appeal from the order will be brought up for review on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,

ORDERED that the motion is denied as academic.

SKELOS, J.P., DILLON, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court