| Shaughnessy Capital, LLC v KBA Realty, LLC |
| Motion No: 2021-08480 |
| Slip Opinion No: 2022 NY Slip Op 60598(U) |
| Decided on January 19, 2022 |
| 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
M281019
E/afa
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
JOSEPH A. ZAYAS, JJ.
|
2021-08480, 2021-08482 Shaughnessy Capital, LLC, respondent, v KBA Realty, LLC, et al., appellants, et al., defendants. (Index No. 135459/2019)
| DECISION & ORDER ON MOTION |
Appeals from an order and an order and judgment (one paper) of the Supreme Court, Richmond County, both dated October 21, 2021. Motion by the appellants to stay enforcement of the order and judgment, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the order and judgment; and it is further,
ORDERED that the motion is denied.
DUFFY, J.P., CHAMBERS, CHRISTOPHER and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court