Appellate Division: Second Judicial Department

M255553

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-00147 Samarra Lynch, etc., appellant, v Lyudmila Kholdarova, etc., et al., respondents. (Index No. 700248/16)

DECISION & ORDER ON MOTION

Motion by the respondents Lyudmila Kholdarova, Larry E. Lee, and Queens Couty Medical Services, LLC, separate motion by the respondents Kareem O. Bosede and St. Johns Episcopal Hospital, and separate motion by the respondent Godwin Onyeike, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 30, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered in the above-entitled action on February 8, 2018. Cross motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon entry of the judgment are granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied as academic.

SCHEINKMAN, P.J., BALKIN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court