Appellate Division: Second Judicial Department

M298213

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-09178 Jonathan Tang, etc., respondent, v Jevan Damadian, appellant. (Index No. 6926/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 11, 2023. Motion by the appellant to extend the time to perfect the appeal or, in the alternative, to withdraw the appeal without prejudice to appeal from a judgment of the same court dated May 13, 2024. Cross-motion by the respondent 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.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to withdraw the appeal without prejudice to appeal from the judgment is granted to the extent that the appeal is deemed withdrawn and that branch of the motion is otherwise denied as unnecessary as the appellant has taken an appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal and the cross-motion to dismiss the appeal are denied as academic.

CHAMBERS, J.P., WOOTEN, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court