| Rogers v Qingling Zhao |
| Motion No: 2025-01799 |
| Slip Opinion No: 2025 NY Slip Op 65326(U) |
| Decided on March 24, 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
M303813
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2025-01799, 2025-03330 John Rogers, etc., plaintiff, v Qingling Zhao, defendant. (Index No. 604253/2024)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated November 20, 2024, for leave to appeal to this Court from a judgment of the same court dated December 5, 2024, and to restore the appellant to possession of the subject premises.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court from the order is denied, as the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this Court the judgment is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew after filing a timely notice of appeal (see CPLR 5513, 5514).
BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court