Crawford v North Flats, LLC
Motion No: 2016-04675
Slip Opinion No: 2019 NY Slip Op 78138(U)
Decided on August 27, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M265455

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2016-04675

Shamel Crawford, respondent, v North Flats, LLC,

et al., defendants third-party plaintiffs-appellants,

et al., defendant; NBE Plumbing Corp., third-party

defendant-appellant.

(Index No. 13076/13)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 3, 2016. By order to show cause dated July 12, 2019, 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 appeal had been rendered academic and/or on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated April 19, 2017 (see Matter of Aho, 39 NY2d 241).

Now, 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 from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court