| Ganach v Milloul |
| Motion No: 2016-09463 |
| Slip Opinion No: 2018 NY Slip Op 61802(U) |
| Decided on January 22, 2018 |
| 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
M244433
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-09463, 2017-07922 Asher Ganach, etc., appellant, v Charles Milloul, et al., respondents. (Index No. 502586/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated August 9, 2016, and a judgment of the same court entered July 11, 2017, and to consolidate 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 are brought up for review and may be raised on the appeal from the judgment; and it is further,
ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal from the judgment is enlarged until March 12, 2018, and the motion is otherwise denied as academic.
DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court