| S&J Sheet Metal Supply, Inc. v Glenwood Poh, LLC |
| Motion No: 2016-10519 |
| Slip Opinion No: 2017 NY Slip Op 74543(U) |
| Decided on May 22, 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
M231453
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2016-10519, 2017-02819 S & J Sheet Metal Supply, Inc., appellant, v Glenwood Poh, LLC, respondent.
(Index No. 66487/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 8, 2016, on the ground that no appeal lies from an order issued on consent of the appealing party. Cross motion by the appellant to enlarge the time to perfect the appeal from the order dated August 8, 2016, and to consolidate that appeal with an appeal from an order of the same court dated March 8, 2017.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that any right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action April 12, 2017 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion and the cross motion are denied as academic.
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court