Appellate Division: Second Judicial Department

M285920

AP/jr

BETSY BARROS, J.P.

REINALDO E. RIVERA

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-00876 2 Lisa Court Corp., etc., respondent, v Edward Licalzi, appellant, et al., defendant. (Index No. 27081/2012)

DECISION & ORDER ON MOTION

2022-02865

2 Lisa Court Corp., etc., respondent,

v Edward Licalzi, appellant, et al., defendant.

(Index No. 27081/2012)

Appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2021, and from a judgment of the same court, dated February 10, 2022. Motion by the appellant to deem the notice of appeal from the judgment to be a premature notice of appeal from a corrected judgment, dated March 15, 2022, and to stay enforcement of the corrected judgment dated March 15, 2022.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to deem the notice of appeal from the judgment to be a premature notice of appeal from the corrected judgment dated March 15, 2022, is granted; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated December 17, 2021, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the corrected judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the corrected judgment dated March 15, 2022, is granted and enforcement of the corrected judgment is stayed, pending hearing and determination of the appeal.

BARROS, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court