| Emigrant Mortgage Company, Inc. v Ramos |
| Motion No: 2022-06865 |
| Slip Opinion No: 2024 NY Slip Op 68246(U) |
| Decided on May 24, 2024 |
| 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
M296592
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
HELEN VOUTSINAS
JANICE TAYLOR, JJ.
|
2022-06865 Emigrant Mortgage Company, Inc., respondent, v Alberto Ramos, appellant, et al., defendants. (Index No. 5113/2009)
| DECISION & ORDER ON MOTION |
2023-08590
Emigrant Mortgage Company, Inc., respondent,
v Alberto Ramos, appellant, et al., defendants.
(Index No. 5113/2009)
Appeals from an order of the Supreme Court, Kings County, dated July 12, 2022, and an order and judgment (one paper) of the same court dated April 27, 2023. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment. Separate motion by the respondent to dismiss the appeal from the order and judgment on the ground that it was untimely taken. Cross-motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment or, in the alternative, to consolidate the appeals. Separate motion by the appellant to stay enforcement of the order and judgment, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment is granted, and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion by the respondent to dismiss the appeal from the order and judgment on the ground that the appeal was untimely taken is granted, and the appeal from the order and judgment is dismissed, without costs or disbursements; and it is further,
ORDERED that the cross-motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment is denied as academic; and it is further,
ORDERED that the motion by the appellant to stay enforcement of the order and judgment, pending hearing and determination of the appeals, is denied as academic.
DILLON, J.P., MILLER, VOUTSINAS and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court