Matter of Kleinknecht v Brogan
Motion No: 2015-12273
Slip Opinion No: 2016 NY Slip Op 74404(U)
Decided on May 24, 2016
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M212015

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-12273

In the Matter of Richard Kleinknecht, et al.,

appellants, v Amelia Brogan, et al.,

respondents.

(Index No. 2909/15)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 24, 2015.

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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241), and the issues raised on the appeal from the order will be reviewed on the appeal from the judgment pending under Appellate Division Docket No. 2015-12276; and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court