Appellate Division: Second Judicial Department

M300207

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-00618 Bank of New York Mellon Trust Company, etc., respondent, v Winston Rose, Jr., appellant, et al., defendants. (Index No. 604462/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated November 16, 2022. 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 a judgment of the same court dated November 16, 2022, or, in the alternative, on the grounds that the record is inadequate and that the record and appellant's brief contain and refer to matter dehors the record, or, in the alternative, to extend the time to serve and file a brief.

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 the branch of the motion which is 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 is granted (see Matter of Aho, 39 NY2d 241), and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court