Beacon Hill Bungalow Corp. v Dalf Hammerich & Danielle Hammerich
Motion No: 2014-01407 NC
Slip Opinion No: 2015 NY Slip Op 80681(U)
Decided on July 21, 2015
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 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2014-1407 N C
The Beacon Hill Bungalow Corporation, Respondent-Appellant, v Dalf Hammerich and Danielle Hammerich, Appellants-Respondents.

Motion by appellants-respondents on an appeal and cross appeal from an order of the District Court of Nassau County, First District, entered April 21, 2014, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal and cross appeal are dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 14, 2015 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal and cross appeal from the order may be brought up for review and considered on an appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,

ORDERED that appellant-respondent's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk