Lucie Allouche, Et Al., Petitioner-respondent v 250 Realty Assoc., Inc.
Motion No: 2022-00742 KC
Slip Opinion No: 2023 NY Slip Op 73195(U)
Decided on September 8, 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

LISA S. OTTLEY, JJ.

DECISION & ORDER ON MOTION

2022-742 K C
Lucie Allouche, et al., Petitioner-Respondent, v 250 Realty Associates, Inc., Respondent-Appellant, New York City Department of Housing Preservation and Development, Respondent-Respondent.

Motion by appellant to vacate an order of this court dated May 22, 2023, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, dated June 24, 2022, and for an enlargement of time to perfect the appeal.

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

ORDERED that the branch of the motion to vacate the dismissal of the appeal is denied, as the right of direct appeal from the intermediate order terminated with the entry of the final judgment on December 15, 2022 (see Matter of Aho, 39 NY2d 241, 248 [1976]).

ORDERED that the branch of the motion to enlarge the time to perfect the appeal is denied as moot.

ENTER:

Paul Kenny

Chief Clerk