Financial Freedom Acquisition, LLC v Unknown Heirs of estate of Thom
Motion No: 2016-07752
Slip Opinion No: 2016 NY Slip Op 95396(U)
Decided on December 28, 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

M223613

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON, JJ.

2016-07752

Financial Freedom Acquisition, LLC, respondent,

v Unknown Heirs of estate of Lucille Thomas,

deceased, etc., et al., defendants, Henry Thomas,

et al., appellants.

(Index No. 4231/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered February 9, 2016.

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

ORDERED that on the Court's own motion, 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 judgment dated July 20, 2016, in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

LEVENTHAL, J.P., DICKERSON, AUSTIN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court