Bayport Funding, LLC v Kamal
Motion No: 2022-05601
Slip Opinion No: 2023 NY Slip Op 61667(U)
Decided on February 8, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287281

AFA/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-05601

Bayport Funding, LLC, respondent,

v Sarker Kamal, appellant.

(Index No. 714089/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 7, 2022. Motion by the appellant to stay enforcement of a judgment of the same court dated June 28, 2022. Motion by the respondent to dismiss the appeal as untimely taken.

Upon the papers filed in support of the motions, the papers filed in opposition to the appellant's motion, and no papers having been filed in opposition or in relation to the respondent's motion, it is

ORDERED that on the Court's own motion, the appeal is dismissed on the ground that the right of direct appeal from the order dated June 7, 2022, terminated upon entry in the above-entitled action of the judgment of the Supreme Court, Queens County, dated June 28, 2022 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED the motions by the appellant and the respondent are denied as academic.

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

ENTER:

Maria T. Fasulo

Clerk of the Court