Appellate Division: Second Judicial Department

M302181

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

PHILLIP HOM, JJ.

2024-06039 Aluma Sagy, appellant, v Ocean Harbor Casualty Insurance Co., et al., respondents. (Index No. 483/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 16, 2024. Motion by the respondents Ocean Harbor Casualty Insurance Co., Ocean Harbor Insurance Co. Claims Account, C.J. Rubino & Company, Inc., Norman T. Walker, and James H. Mason's Sons, Inc., Insurance Adjusters, 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 May 30, 2024. Motion by respondents Mackoul Risk Solutions, LLC and Justin Kraus to dismiss the appeal on the ground that the appeal was untimely taken. Application by the appellant to extend the time to perfect the appeal.

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 motion by the respondents Ocean Harbor Casualty Insurance Co., Ocean Harbor Insurance Co. Claims Account, C.J. Rubino & Company, Inc., Norman T. Walker, and James H. Mason's Sons, Inc., Insurance Adjusters, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment, is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion by the respondents Mackoul Risk Solutions, LLC and Justin Kraus and the application are denied as academic.

DUFFY, J.P., WOOTEN, WARHIT and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court