Appellate Division: Second Judicial Department

M304640

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2022-07104 U.S. Bank National Association, etc., respondent, v Joseph H. Pacifico, etc., et al., defendants, Dale Robert Javino, appellant. (Index No. 612827/2020)

DECISION & ORDER ON MOTION

2022-07105

U.S. Bank National Association, etc., respondent,

v Joseph H. Pacifico, etc., et al., defendants,

Dale Robert Javino, appellant.

(Index No. 612827/2020)

Appeals from two orders of the Supreme Court, Suffolk County, both dated August 5, 2022. Motion by the respondent, inter alia, to dismiss the appeals on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated January 19, 2023, or, in the alternative, on the ground that the record is inadequate, or, in the alternative, to strike the records and appellant's briefs on the ground that they contain and refer to matter dehors the record, and to extend the time to serve and file briefs.

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 to dismiss the appeals on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment dated January 19, 2023, is granted, and the appeals are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., CHAMBERS, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court