Lendr.Online, LLC v Mount Etna Partners LLC
Motion No: 2022-07729
Slip Opinion No: 2023 NY Slip Op 65152(U)
Decided on April 17, 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

M288488

AFA/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-07729

Lendr.Online, LLC, respondent,

v Mount Etna Partners, LLC, etc., et al.,

appellants.

(Index No. 613293/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 15, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered September 9, 2022 (see Matter of Aho, 39 NY2d 241). Application by Henry L. Klein, an attorney in good standing in the State of Louisiana, to be admitted pro hac vice to represent the appellant on the appeal.

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

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs and disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the application by Henry L. Klein is denied as academic.

DUFFY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court