Appellate Division: Second Judicial Department

M274433

E/mb

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-06498 Daniel Guma, etc., respondent-appellant, v Kurt Wittek, etc., et al., appellants-respondents, William Gallo, et al., respondents. (Index No. 610452/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Nassau County, entered March 13, 2019. Motion by the appellants-respondents to dismiss the cross appeal on the ground that the right of direct appeal terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated June 22, 2020, or, in the alternative, for failure to comply with a decision and order on motion of this Court dated April 29, 2020, and, in effect, to withdraw the appeal, in the event that the cross appeal is dismissed. Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to extend the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to dismiss the cross appeal on the ground that the right of direct appeal terminated upon entry in the above-entitled action of the judgment dated June 22, 2020, is granted (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the branch of the motion which is to withdraw the appeal is granted; and it is further,

ORDERED that the appeal is deemed withdrawn and the cross appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court