Appellate Division: Second Judicial Department

M242056

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2016-09504 Mirit Moyal, respondent, v Shirley A. Hunter, et al., appellants. (Index No. 501177/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 12, 2016, on the ground that the right of direct appeal terminated upon entry of a judgment of the same court on August 24, 2017, in the above-entitled action or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 the branch of the motion which is to dismiss the appeal is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are denied as academic.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court