| Park Premium Enterprise v Kahan |
| Motion No: 2024-00924 |
| Slip Opinion No: 2025 NY Slip Op 62439(U) |
| Decided on February 10, 2025 |
| 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
M302782
AFA/
BETSY BARROS, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
JAMES P. MCCORMACK, JJ.
|
2024-00924 Park Premium Enterprise, etc., appellant-respondent, v Joseph Kahan, et al., respondents-appellants, et al., defendants. (Index No. 505980/2019)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated January 9, 2024. Motion by the appellant-respondent to extend the time to perfect the appeal.
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 on the Court's own motion, the appeal and cross-appeal are dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order dated January 9, 2024, terminated upon entry in the above-entitled action of a judgment of the same court entered January 23, 2024 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic.
BARROS, J.P., CHRISTOPHER, WARHIT and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court