| Banat v Cohen |
| Motion No: 2015-08672 |
| Slip Opinion No: 2017 NY Slip Op 65628(U) |
| Decided on March 1, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M225156
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2015-08672 Catherine Banat, et al., appellants, v Frank S. Cohen, etc., et al., respondents. (Index No. 22609/11)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 25, 2015, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court entered on July 30, 2015, in the above-entitled action, or, in the alternative, to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motions which are to dismiss the appeal are granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are denied as academic.
DILLON, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court