| Fulton v Kelly |
| Motion No: 2017-11465 |
| Slip Opinion No: 2021 NY Slip Op 64650(U) |
| Decided on April 14, 2021 |
| 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
M276623
E/sl
MARK C. DILLON, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2017-11465 Timothy Fulton, respondent, v John Kelly, et al., defendants, Michael Cholowsky, appellant. (Index No. 20501/2010)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, entered September 11, 2017. By order to show cause dated February 19, 2021, 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 entered September 11, 2017, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered December 11, 2019.
Now, upon the order to show cause and the papers filed in response 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).
DILLON, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court