Appellate Division: Second Judicial Department

M268433

kbp/

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2017-12216 U.S. Bank, N.A., etc., respondent, v Jeffrey Dicker, etc., appellant, et al., defendants. (Index No. 23772/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 19, 2017, on the ground that the appellant is not aggrieved by the order. By order to show cause dated October 9, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated September 19, 2017, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 4, 2019, and the respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation 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); and it is further,

ORDERED that the respondent's motion is denied as academic.

SCHEINKMAN, P.J., AUSTIN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court