| Wachovia National Bank v D'Agostino |
| Motion No: 2017-02001 |
| Slip Opinion No: 2018 NY Slip Op 85160(U) |
| Decided on October 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
M255586
E/sl
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2017-02001 Wachovia National Bank, respondent, v Rocco D'Agostino, appellant, et al., defendants. (Index No. 20385/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 20, 2016, for failure to timely perfect.
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 in the above-entitled matter on June 13, 2018 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court