Department of Hous. Preserv. & Dev. of City of New York v Richard Joseph, Jims Realty, LLC
Motion No: 2021-00761 KC
Slip Opinion No: 2023 NY Slip Op 64340(U)
Decided on March 23, 2023
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

WAVNY TOUSSAINT, P.J.

CHEREÉ A. BUGGS

MARINA CORA MUNDY, JJ.

DECISION & ORDER ON MOTION

2021-761 K C
Department of Housing Preservation and Development of the City of New York, Respondent, v Richard Joseph, Jims Realty, LLC, Also Known as Jim Realty, LLC and Joseph Popack, Appellants.

Motion by appellants to extend the time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 19, 2021.

Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is

ORDERED on the court's own motion that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further

ORDERED that the motion for an extension of time to perfect the appeal is denied as moot.

ENTER:

Paul Kenny

Chief Clerk