| Noghrey v The Town of Brookhaven |
| Motion No: 2017-04875 |
| Slip Opinion No: 2017 NY Slip Op 89052(U) |
| Decided on October 13, 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
M239217
U/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-04875, 2017-07189 Parviz Noghrey, appellant, v The Town of Brookhaven, et al., respondents. (Index No. 18557/01)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated March 10, 2017, and a judgment of the same court dated June 2, 2017.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order (Appellate Division Docket No. 2017-04875) is dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and the issues raised on the appeal from the order will be brought up for review and considered on appeal from the judgment (see CPLR 5501[a][1]); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order is denied as academic; and it is further,
ORDERED that the application is otherwise denied as premature.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court