| Jonathan Jacobs v Judy Farkas |
| Motion No: 2015-01369 QC |
| Slip Opinion No: 2015 NY Slip Op 86443(U) |
| Decided on September 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Jonathan Jacobs, Appellant, v Judy Farkas, Respondent. |
Motion by appellant to consolidate an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 25, 2014 (appeal No. 2014-2855 Q C), with an appeal from a judgment of the same court entered April 16, 2015 (appeal No. 2015-1369 Q C), and for an enlargement of time to perfect the consolidated appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that appeal No. 2014-2855 Q C is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a judgment in the proceeding (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 the appeal from the judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that the branch of the motion seeking to consolidate the appeals is denied as moot; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect is denied as premature, as the record on appeal No. 2015-1369 Q C has not yet been received by this court.
ENTER:
Paul Kenny
Chief Clerk