Express Valentine Auto Repair Shop, Inc. v New York Taxi 2, Inc.

Express Valentine Auto Repair Shop, Inc. v New York Taxi 2, Inc.

Motion No: 2017-07730

Slip Opinion No: 2017 NY Slip Op 90030(U)

Decided on October 23, 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

M240044

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-07730, 2017-09107
Express Valentine Auto Repair Shop, Inc.,
et al., respondents, v New York Taxi 2, Inc.,
et al., appellants.
(Index No. 602914/17)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered June 1, 2017, and a judgment of the same court entered August 21, 2017, for leave to appeal to this Court from the judgment, if necessary, and to stay enforcement of the judgment pending hearing and determination of the appeal from the judgment.

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

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from the judgment, if necessary, is denied as the judgment is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal from the judgment on condition that the appeal from the judgment is perfected on or before November 23, 2017; and it is further,

ORDERED that in the event the appeal from the judgment is not perfected on or before November 23, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court