| Martella v Yorker NY Realty, LLC |
| Motion No: 2018-14575 |
| Slip Opinion No: 2019 NY Slip Op 80716(U) |
| Decided on October 1, 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. |
Appellate Division: Second Judicial Department
M266273
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2018-14575 James Martella, et al., respondents, v Yorker NY Realty, LLC, appellant, et al., defendants. (Index No. 135298/17)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated November 5, 2018. By order to show cause dated August 2, 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 right of direct appeal from the order dated November 5, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Richmond County, dated April 4, 2019.
Now, upon the order to show cause and the papers filed in response 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).
DILLON, J.P., LEVENTHAL, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court