| Levitin v Levitin |
| Motion No: 2017-01109 |
| Slip Opinion No: 2018 NY Slip Op 90038(U) |
| Decided on December 5, 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
M257611
T/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-01109 Michelle Levitin, respondent, v Joshua Levitin, appellant. (Index No. 13598/13)
| DECISION & ORDER ON MOTION |
Appeal by Joshua Levitin from an order of the Supreme Court, Queens County, dated November 29, 2016.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Queens County, on September 17, 2017, in the above-entitled action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1]; Levitin v Levitin, _____ AD3d _____ [Appellate Division Docket No. 2017-12121).
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court