Board of Mgrs. of J Condominium Etc. v Matthew Tornabene Et Al.
Motion No: 2017-00336 KC
Slip Opinion No: 2017 NY Slip Op 66095(U)
Decided on February 15, 2017
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2017-336 K C
The Board of Managers of the J Condominium etc., Respondent, v Matthew Tornabene et al., Appellants, et al., Undertenants; Patrick O'Keke, Intervenor.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 25, 2014.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as the right of direct appeal from the order entered July 25, 2014 terminated with the entry of a final judgment on February 18, 2015 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and will be considered on the appeal from the final judgment (see CPLR 5501 [a] [1]).

ENTER:

Paul Kenny

Chief Clerk