| Chowdhury v Westchester Footcare P.C. |
| Motion No: 2021-06177 |
| Slip Opinion No: 2023 NY Slip Op 74756(U) |
| Decided on October 6, 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
M291468
AFA/
ROBERT J. MILLER, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2021-06177 Mohammed Salim Chowdhury, DPM, P.C., appellant, v Westchester Footcare, P.C., et al., respondents. (Index No. 51699/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 14, 2021. Motion by the respondents 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 same court dated September 8, 2022 (see Matter of Aho, 39 NY2d 241), and on the ground that it has been rendered academic.
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 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 of the same court dated September 8, 2022, is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241);
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., FORD, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court