| HPHD Investors Group, LLC v Ioannou |
| Motion No: 2017-11783 |
| Slip Opinion No: 2018 NY Slip Op 91238(U) |
| Decided on December 17, 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
M258282
E/afa
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2017-11783 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 appellants to extend the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2017, and to deem the record filed in connection with an appeal from an order of the same court entered October 19, 2017, to be filed in connection with the appeal from the order dated September 27, 2017. The appeal from the order entered October 19, 2017, was dismissed by decision and order on motion of this Court dated November 15, 2018.
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 dated September 27, 2017, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the Supreme Court, Nassau County, on June 15, 2018, in the above-entitled action (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court