Appellate Division: Second Judicial Department

M293866

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-02380 Elizabeth M. Kairey, respondent, v Elliot M. Hirsch, appellant. (Index No. 53206/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 30, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Motion by assigned counsel to be relieved of the assignment and for the assignment of new counsel to prosecute the appeal.

Upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in opposition thereto, and upon the motion by assigned counsel to be relieved of the assignment 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, without costs or disbursements, 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, Kings County, dated July 26, 2023 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motions are denied as academic.

BARROS, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court