| Westside 414, LLC v Lidiya Dukhovich & Daniel Hoeg |
| Motion No: 2016-03045 QC |
| Slip Opinion No: 2019 NY Slip Op 61544(U) |
| Decided on January 15, 2019 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Westside 414, LLC, Respondent, v Lidiya Dukhovich and Daniel Hoeg, Appellants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered April 28, 2016, which, among other things, granted respondent's motion for summary judgment. By order to show cause dated October 19, 2018, the parties 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 entered April 28, 2016 terminated with the entry of a judgment of the Civil Court, Queens County, on October 19, 2016, or to move to deem the notice of appeal from the order to be a notice of appeal from the judgment to the extent that it brings the order up for review (see CPLR 5501 [a] [1]), and to limit the issues raised by appellants on the appeal from the judgment to the issues raised in connection with the appeal from the summary judgment order.
Upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Matter of Aho, 39 NY2d 241, 248 [1976]).
ENTER:
Paul Kenny
Chief Clerk