First American Title Insurance Company v Ficuciello
Motion No: 2022-06233
Slip Opinion No: 2024 NY Slip Op 69487(U)
Decided on June 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M297071

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2022-06233

First American Title Insurance Company,

plaintiff-respondent, v Errico Ficuciello,

etc., appellant, Jennifer Ficuciello, etc.,

defendant-respondent.

(Index No. 57561/2019)

DECISION & ORDER ON MOTION

2023-02800

First American Title Insurance Company,

respondent, v Errico Ficuciello, etc.,

appellant, et al., defendant.

(Index No. 57561/2019)

Appeals from two orders of the Supreme Court, Westchester County, dated June 29, 2022, and January 5, 2023, respectively. The appeal from the order dated January 5, 2023, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal from the order dated June 29, 2022, on the ground that the right of direct appeal from the order dated June 29, 2022, terminated upon entry in the above-entitled action of a judgment of the same court dated February 8, 2023. Separate motion by the respondent to dismiss the appeal from the order dated January 5, 2023, on the ground that the right of direct appeal from the order dated January 5, 2023, terminated upon entry in the above-entitled action of the judgment. Application by the appellant to extend the time to perfect the appeal from the order dated June 29, 2022.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 29, 2022, is granted, and the appeal from that order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 5, 2023, is denied as academic; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order dated June 29, 2022, is denied as academic.

BARROS, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court