| Matter of Borgia v SCO Family of Servs. |
| 2025 NYSlipOp 01800 [236 AD3d 1019] |
| March 26, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of John Borgia et al., in Their Capacity as Trustees of the Roman Catholic Diocese of Brooklyn Workers' Compensation Trust, Respondents, v SCO Family of Services, Appellant. |
Newfield, Biondo & Carlino, LLC, White Plains, NY (James Newfield of counsel), for appellant.
ArentFox Schiff LLP, New York, NY (Elliot M. Kroll of counsel), for respondents.
In a proceeding pursuant to CPLR 7601 to enforce an alternative dispute resolution provision of a contract, SCO Family of Services appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated October 2, 2020. The order denied the motion of SCO Family of Services pursuant to CPLR 3211 (a) and 7601 to dismiss the petition.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an order and judgment (one paper) in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]; Matter of Borgia v SCO Family of Servs., 236 AD3d 1020 [2025] [decided herewith]). Iannacci, J.P., Genovesi, Wan and Landicino, JJ., concur. [Prior Case History: 2020 NY Slip Op 33672(U).]