Westvue NPL Trust v Hyra
Motion No: 2017-09010
Slip Opinion No: 2017 NY Slip Op 90433(U)
Decided on October 25, 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

M240208

E/ct

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-09010, 2017-09011

Westvue NPL Trust, respondent,

v Marek Hyra, et al., appellants,

et al., defendants.

(Index No. 51575/14)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Westchester County, dated July 25, 2017, and a judgment of the same court dated July 27, 2017, to stay enforcement of the judgment pending hearing and determination of the appeals.

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 (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 motion is denied.

HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court