Appellate Division: Second Judicial Department

M208043

E/sl

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2015-03966 Stanislav Lazbin, respondent, v Anita Lazbin, appellant. (Index No. 50508/05)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental record containing a copy of his 2008 Federal tax return on an appeal from an order of the Supreme Court, Richmond County, dated March 4, 2015. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. By order to show cause dated January 26, 2016, inter alia, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the right of direct appeal from the order terminated upon entry of a final judgment dated September 18, 2015, in the above-entitled action.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the respondent's 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 to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the final judgment dated September 18, 2015, in the above-entitled action is granted (see Matter of Aho, 39 NY2d 241), and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the respondent's motion and the application are denied as academic.

HALL, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court