Matter of Frydman v EVUNP Holdings LLC
2020 NY Slip Op 02882 [183 AD3d 463]
May 14, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2020


[*1]
 In the Matter of Jacob Frydman et al., Respondents, et al., Petitioners,
v
EVUNP Holdings LLC et al., Appellants.

Asher C. Gulko, Cedarhurst, for appellants.

Daniel C. Edelman, New York, for respondents.

Appeal from order, Supreme Court, New York County (W. Franc Perry, J.), entered on or about October 17, 2018, which granted the petition to confirm an arbitration award dated April 23, 2018, unanimously dismissed, without costs.

Any right of direct appeal from the October 17, 2018 order terminated with the entry of the October 31, 2018 judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). Thus, as of November 12, 2018, when respondents filed their notice of appeal, they could no longer appeal from the order; they could only appeal from the judgment.

We have considered respondents' arguments as to why their appeal should not be dismissed and find them unavailing. Concur—Friedman, J.P., Gische, Kapnick, González, JJ. [Prior Case History: 2018 NY Slip Op 32656(U).]