Cohen v Gateway Builders Realty, Inc.
Motion No: 2014-08479
Slip Opinion No: 2015 NY Slip Op 66116(U)
Decided on March 6, 2015
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

M188517

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-08479, 2014-11435

Tracy Cohen, etc., respondent, v Gateway

Builders Realty, Inc., et al., appellants.

(Index No. 1134/13)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated July 17, 2014, and a judgment of the same court dated July 21, 2014, and to consolidate the appeals.

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 (Appellate Division Docket No. 2014-08479) is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to prefect the appeal from the judgment is denied as premature; and it is further,

ORDERED that the motion is otherwise denied as academic.

ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court