Appellate Division: Second Judicial Department

M208286

E/ct

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-02754, 2015-07956, 2015-07957 Nella Manko, appellant, v David A. Gabay, etc., et al., defendants, Joshua R. Cohen, etc., et al., respondents. (Index No. 22148/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Kings County, dated December 5, 2014, and April 29, 2015, respectively, and an amended order of the same court dated April 29, 2015, for leave to prosecute the appeal from the order dated December 5, 2014, as a poor person, for the assignment of counsel, to enlarge the time to perfect the appeal, and to waive the motion filing fee. Cross motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser to dismiss the appeals on the ground that the right of direct appeal from the orders and the amended order terminated upon entry of a judgment in the above-entitled action on July 29, 2015. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted and the appeals from the orders and the amended order are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241), and the issues concerning the orders are brought up for review and may be raised in connection with the appeal from the judgment, pending under Appellate Division No. 2015-09424; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied as academic.

BALKIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court