| Behrens v Town of Huntington |
| Motion No: 2021-09591 |
| Slip Opinion No: 2023 NY Slip Op 66802(U) |
| Decided on May 15, 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. |
Appellate Division: Second Judicial Department
M288988
AFA/
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-09591 Brian Behrens, et al., appellants, v Town of Huntington, respondent. (Index No. 612168/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated November 24, 2021. Motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken, or, in the alternative, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment entered November 26, 2021 (see Matter of Aho, 39 NY2d 241).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment entered November 26, 2021 (see CPLR 5512[a]).
DUFFY, J.P., CHAMBERS, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court