Bichotte v Dunner
Motion No: 2015-00778
Slip Opinion No: 2017 NY Slip Op 83544(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M236364

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

BETSY BARROS, JJ.

2015-00778, 2015-09572, 2015-10282,

2015-10284, 2015-10287

Marcelle B. Bichotte, plaintiff-respondent,

v Ricardo O. Dunner, appellant;

New York City Human Resources

Administration, nonparty-respondent.

(Index No. 54403/11)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent, inter alia, to dismiss appeals from five orders of the Supreme Court, Kings County, dated December 16, 2014, April 27, 2015, August 17, 2015 (two orders), and August 21, 2015, respectively, for failure to comply with a decision and order on motion of this Court dated March 13, 2017, and on the ground that the right of direct appeal therefrom terminated upon entry of a judgment in the above-entitled action dated March 16, 2017. Cross motion by the appellant, inter alia, to impose a sanction upon counsel for the plaintiff-respondent.

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

ORDERED that the branch of the motion which is to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry of a judgment in the above-entitled action dated March 16, 2017, is granted and the appeals are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., CHAMBERS, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court