| 563 Grand Med., P.C., As Assignee of Luis Brito v Mvaic |
| Motion No: 2018-01255 KC |
| Slip Opinion No: 2019 NY Slip Op 65171(U) |
| Decided on March 6, 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
| 563 Grand Medical, P.C., as Assignee of Luis Brito, Respondent, v MVAIC, Appellant. |
Motion by respondent for a stay pending the determination of appeals from an order of the Civil Court of the City of New York, Kings County, entered March 17, 2006, and a judgment of that court entered May 21, 2018, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order entered March 17, 2006 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of the judgment on May 21, 2018 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that respondent's motion is denied.
ENTER:
Paul Kenny
Chief Clerk