| Carone v St. George Theater Restoration, Inc. |
| Motion No: 2016-12307 |
| Slip Opinion No: 2020 NY Slip Op 73769(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M273697
E/mb
MARK C. DILLON, J.P.
RUTH C. BALKIN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-12307 Diane Carone, respondent, v St. George Theater Restoration, Inc., appellant. (Index No. 100263/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated October 26, 2016. By order to show cause dated September 9, 2020, the parties 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 October 26, 2016, terminated upon entry in the above-entitled action of an amended judgment of the Supreme Court, Richmond County, dated June 21, 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).
DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court