| Bank of New York Mellon v Swift |
| Motion No: 2018-00885 |
| Slip Opinion No: 2020 NY Slip Op 66727(U) |
| Decided on June 3, 2020 |
| 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
M271142
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
LINDA CHRISTOPHER, JJ.
|
2018-00885 Bank of New York Mellon, etc., respondent, v John R. Swift, et al., appellants, et al., defendant. (Index No. 59016/15)
| DECISION & ORDER ON MOTION |
2019-04781
Bank of New York Mellon, etc., respondent,
v John R. Swift, et al., appellants, et al., defendant.
(Index No. 59016/15)
Appeals from an order of the Supreme Court, Westchester County, dated October 2, 2017, and an order and judgment (one paper) of the same court entered March 1, 2019. By order to show cause dated February 25, 2020, the parties to the appeals 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 on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment entered March 1, 2019. The judgment portion of the order and judgment entered March 1, 2019, was vacated by an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 29, 2020.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal from the order dated October 2, 2017, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment entered March 1, 2019, is denied as the order and judgment entered March 1, 2019, was amended on January 29, 2020; and it is further,
ORDERED that on the Court's own motion, the appeals from the order dated October 2, 2017, and the order and judgment entered March 1, 2019, as amended January 29, 2020, are dismissed, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment dated January 29, 2020 (see Matter of Aho, 39 NY2d 241).
MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court