Appellate Division: Second Judicial Department

M201892

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-03423, 2015-10207 Manitoli, LLC, respondent, v Alison W. Hartwell, appellant, et al., defendants. (Index No. 2912/13)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2014 Calendar," dated January 5, 2015, as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated February 20, 2014, and to stay enforcement of a judgment of the same court dated August 12, 2015, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated January 5, 2015, as dismissed the appeal from the order dated February 20, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated February 20, 2014, 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 and the issues raised on the appeal from the order will be reviewed on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,  ORDERED that enforcement of the judgment dated August 12, 2015, is stayed pending hearing and determination of the appeal.

ENG, P.J., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court