| Lori Joseph Builders, Inc. v Torres |
| Motion No: 2023-11415 |
| Slip Opinion No: 2025 NY Slip Op 73950(U) |
| Decided on August 6, 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
M307029
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2023-11415 Lori Joseph Builders, Inc., etc., plaintiff, v Ana E. Torres, defendant. (Index No. 53832/2022)
| DECISION & ORDER ON MOTION |
Purported appeal by Ana E. Torres from an order of the Supreme Court, Dutchess County, dated September 25, 2023. By order to show cause dated May 28, 2025, the parties were directed to show cause before this Court why the purported appeal should or should not be dismissed on the ground that the notice of appeal does not "designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed from and the court to which the appeal is taken" (CPLR 5515[1]), in the above-entitled action, and/or on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated November 13, 2024 (see Matter of Aho, 39 NY2d 241).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (CPLR 5515[1]), without costs or disbursements.
DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court