| Kick v Nesconset Center for Nursing and Rehabilitation |
| Motion No: 2018-09201 |
| Slip Opinion No: 2020 NY Slip Op 71887(U) |
| Decided on September 18, 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
M273099
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2018-09201 Gerard Kick, etc., appellant, v Nesconset Center for Nursing and Rehabilitation, et al., respondents. (Index No. 18886/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 4, 2017. By order to show cause dated July 28, 2020, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated December 4, 2017, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, entered June 13, 2018.
Now, upon the order to show cause and the papers filed in response 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).
BALKIN, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court