Deutsche Bank National Trust Company Americas v Rizzi
Motion No: 2018-00428
Slip Opinion No: 2020 NY Slip Op 70727(U)
Decided on August 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272357

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-00428

Deutsche Bank National Trust Company

Americas, etc., respondent, v John Rizzi,

et al., appellants, et al., defendants.

(Index No. 136097/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated August 21, 2017. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Richmond County, dated December 31, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).

BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court