| Frontier Park Co., LLC v Patrick Kelly |
| Motion No: 2014-02546 SC |
| Slip Opinion No: 2014 NY Slip Op 94364(U) |
| Decided on December 30, 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. |
of the State of New York for the 9th & 10th judicial Districts
BRUCE E. TOLBERT, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Frontier Park Co., LLC, Respondent, v Patrick Kelly, Appellant, et al., Undertenants. |
Appeal from an order of the District Court of Suffolk County, Second District, entered September 3, 2014.
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 a final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]).
The issues sought to be raised on the appeal from the order may be brought up for review and considered on an appeal from the final judgment (see CPLR 5501 [a] [1]).
ENTER:
Paul Kenny
Chief Clerk