| Degraw Construction Group, Inc. v McGowan Builders, Inc. |
| Motion No: 2018-00940 |
| Slip Opinion No: 2019 NY Slip Op 86113(U) |
| Decided on December 16, 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
M268215
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-00940, 2018-05951 Degraw Construction Group, Inc., respondent, v McGowan Builders, Inc., et al., appellants, et al., defendants. (Index No. 8072/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Kings County, dated September 5, 2017, and a judgment of the same court dated March 23, 2018, inter alia, to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment. By decision and order on motion of this Court dated October 1, 2018, the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment was held in abeyance and referred to the panel of Justices hearing the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeals, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment is denied as academic, in light of the decision and order of this Court dated December 11, 2019.
MASTRO, J.P., LEVENTHAL, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court