Calderon v Moriello (2005 NYSlipOp 51276(U))

[*1]

Calderon v Moriello

2005 NYSlipOp 51276(U)

Decided on August 4, 2005

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 4, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: August 4, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2004-1392 K C

Stacey Calderon, Respondent,

against

Salvatore Moriello, Defendant, and John M. Carlson, Appellant.

Appeal by defendant John M. Carlson from an order of the Civil Court, Kings County (E. Gesmer, J.), entered June 21, 2004, denying his motion to set aside a jury verdict on the issue of damages.

Appeal unanimously dismissed. [*2]

Inasmuch as a judgment in the instant case was entered on April 28, 2005, any right of direct appeal from the order of June 21, 2004 terminated upon entry of that judgment (Matter of Aho, 39 NY2d 241 [1976]).
Decision Date: August 04, 2005