Appellate Division: Second Judicial Department

M259025

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-05598 Board of Managers of Hillcroft Townhouse Condominium, respondent, v Malcom Barnard, et al., appellants. (Index No. 53068/16)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2018, inter alia, to extend the time to perfect the appeal from the order. By order to show cause dated November 26, 2018, the parties to the appeal 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 terminated upon entry of a judgment of the same court dated April 5, 2018, in the above-entitled action, and the branch of the motion which is to extend the time to perfect the appeal was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellants' 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 branch of the motion which is to extend the time to perfect the appeal is denied as academic.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court