| Bernstein Ny 7 Corp. v Audrey A. Thomas, Et Al. |
| Motion No: 2018-02132 KC |
| Slip Opinion No: 2020 NY Slip Op 61313(U) |
| Decided on January 9, 2020 |
| 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
| Bernstein NY 7 Corporation, Respondent, v Audrey A. Thomas, et al., Appellants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 14, 2018. By order to show cause dated December 10, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 2, 2019 (see Matter of Aho, 39 NY2d 241, 248 [1976]) and on the further ground that no appeal as of right lies from an order determining an oral application (see CCA 1702).
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 is dismissed.
PESCE, P.J., taking no part.
ENTER:
Paul Kenny
Chief Clerk