Appellate Division: Second Judicial Department

M289139

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

CHERYL E. CHAMBERS

BARRY E. WARHIT, JJ.

2020-06150 Tesfaye Hiwot, appellant, v Penelopi Koutras-Hiwot, respondent. (Index No. 50195/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated July 17, 2020. Motion by the respondent, inter alia, 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 of the Supreme Court, Richmond County, dated October 30, 2020. Cross-motion by the appellant, inter alia, to impose sanctions upon the respondent's counsel.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is 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 the judgment dated October 30, 2020, is granted, the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241), and the motion is otherwise denied as academic; and it is further,

ORDERED that the cross-motion is denied.

DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court