Appellate Division: Second Judicial Department

M200556

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-04646 Bank of New York Mellon, formerly known as Bank of New York, etc., respondent, v Zajde I. Krausz, appellant, et al., defendants. (Index No. 11134/09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue its prior motion to dismiss an appeal from an order of the Supreme Court, Orange County, entered July 10, 2014, on the ground, among others, that the right of direct appeal from the order terminated with entry of the final judgment also entered on July 10, 2014, which motion was determined by decision and order on motion of this Court dated June 3, 2015.

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 the motion is granted, and upon reargument, the decision and order on motion of this Court dated June 3, 2015, is vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, entered July 10, 2014, on the ground, among others, that the right of direct appeal from the order terminated with entry of the final judgment also entered on July 10, 2014. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the final judgment on July 10, 2014 (see Mater of Aho, 39 NY2d 241); and it is further,

ORDERED application is denied as academic; and it is further,

ORDERED that the order on application of this Court dated February 2, 2015, is amended by (1) deleting from the caption thereof Docket No. "2015-00479," (2) deleting from the end of the preamble thereof the words "and a judgment of the same court entered July 10, 2014," and (3) deleting from the preamble and decretal paragraph thereof the word "appeals" and substituting therefor the word "appeal."

CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court