| Dove v 143 School St. Realty Corp. |
| Motion No: 2017-08145 |
| Slip Opinion No: 2018 NY Slip Op 62934(U) |
| Decided on January 30, 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
M245399
E/rr
ALAN D. SCHEINKMAN, P.J.
JOHN M. LEVENTHAL
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2017-08145, 2017-08146 Gary Dove, respondent, v 143 School St. Realty Corp., et al., appellants. (Index No. 57952/16)
| DECISION & ORDER ON MOTION |
2017-12909
Gary Dove, respondent, v 143 School St.
Realty Corp., et al., appellants.
(Index No. 57952/16)
Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, dated May 22, 2017, and November 30, 2017, and a judgment of the same court dated May 24, 2017, to stay enforcement of the judgment and to stay the sale, transfer, or other disposition of the subject premises, 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 dated May 22, 2017, 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 that 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.
SCHEINKMAN, P.J., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court