Appellate Division: Second Judicial Department

M257375

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-02313 Wells Fargo Bank, National Association, etc., respondent, v Joel Sucher, et al., appellants, et al., defendants. (Index No. 61311/15)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated February 3, 2017. By order to show cause dated August 17, 2018, the appellants were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated February 3, 2017, terminated with entry of a final judgment of the Supreme Court, Westchester County, dated April 18, 2018, in the above-entitled action. Motion by the respondent for leave to reargue its prior motion, inter alia, for the Court to take judicial notice of a certain document, which was determined by a decision and order on motion of this Court dated April 2, 2018, as amended April 3, 2018.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the motion 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 respondent's motion is denied as academic.

LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court