| Terarra Realty Corp. v Attena Realty, Inc. |
| Motion No: 2017-09986 |
| Slip Opinion No: 2018 NY Slip Op 76642(U) |
| Decided on July 2, 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
M252001
E/afa
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2017-09986 Terarra Realty Corp., respondent, v Attena Realty, Inc., et al., defendants, Jerry Kappatos, appellant. (Index No. 608432/16)
| DECISION & ORDER ON MOTION |
2018-02455
Terarra Realty Corp., respondent,
v Attena Realty, Inc., et al., defendants,
Jerry Kappatos, appellant.
(Index No. 608432/16)
Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated August 8, 2017, and a judgment of the same court dated January 30, 2018, 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.
MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court