Appellate Division: Second Judicial Department

M220579

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-11816, 2016-5058, 2016-07850 Patricia Tokar, appellant, v David J. Weissberg, etc., respondent. (Index No. 24952/04)

DECISION & ORDER ON MOTION

Appeals by Patricia Tokar from an order of the Supreme Court, Suffolk County, dated October 5, 2015, which was dismissed by a decision and order on motion of this Court, entitled "In the Matter of Dismissal of Causes for Failure to Perfect," dated September 19, 2016, an order of the same court dated March 28, 2016, and a judgment of the same court entered June 22, 2016. Motion by the appellant to recall and vacate so much of the decision and order on motion of this Court, dated September 19, 2016, as dismissed the appeal from the order dated October 5, 2015.

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 so much of the decision and order on motion of this Court dated March 28, 2016, as dismissed the appeal from the order dated October 5, 2015, for failure to perfect is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders are 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 on June 22, 2016, and the issues to be raised in connection with the appeals from the orders will be brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241).

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

ENTER:

Aprilanne Agostino

Clerk of the Court