HPHD Investors Group, LLC v Ioannou
Motion No: 2018-00297
Slip Opinion No: 2018 NY Slip Op 88638(U)
Decided on November 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257470

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-00297

HPHD Investors Group, LLC, respondent,

v John M. Ioannou, etc., et al., appellants,

et al., defendants.

(Index No. 12146/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 19, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is 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.

BALKIN, J.P., SGROI, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court