| Bank of Am., Petitioner-respondent v Peter Germenis, Heir To Estate of Andreas Germenis |
| Motion No: 2022-00547 NC |
| Slip Opinion No: 2023 NY Slip Op 71758(U) |
| Decided on July 27, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| Bank of America, Petitioner-Respondent, v Peter Germenis, Heir to the Estate of Andreas Germenis, Also Known as Andreas P. Germenis, Roseann Schiulez, Jane Doe (Refused Name), "John Doe" and "Jane Doe," Respondents-Occupants, and Lawrence Joyner, Appellant. |
Motion by appellant for a stay of eviction pending determination of an appeal from an order of the District Court of Nassau County, First District, entered July 11, 2022. Cross motion by respondent to dismiss the appeal. Separate motion to enlarge time to file a respondent's brief.
Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's cross motion to dismiss the appeal is granted, 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 an appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that appellant's motion for a stay and respondent's motion to enlarge time to file a brief are denied as moot.
ENTER:
Paul Kenny
Chief Clerk