U.S. Bank Trust, N.A. v Rosario
Motion No: 2022-04721
Slip Opinion No: 2023 NY Slip Op 74896(U)
Decided on October 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291530

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2022-04721

U.S. Bank Trust, N.A., etc., respondent,

v Jose Rosario, et al., defendants,

Ginger Rosario, appellant.

(Index No. 721497/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated April 4, 2022. Motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed on the ground that the right of direct appeal from the order dated April 4, 2022, terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated February 14, 2023 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court