Kela Tennis, Inc. v City of Mount Vernon
Motion No: 2020-06838
Slip Opinion No: 2025 NY Slip Op 75971(U)
Decided on September 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M307750

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

CARL J. LANDICINO

DONNA-MARIE E. GOLIA, JJ.

2020-06838

Kela Tennis, Inc., appellant, v City of

Mount Vernon, respondent, et al.,

defendants.

(Index No. 59091/2018)

DECISION & ORDER ON MOTION

2024-03499

Kela Tennis, Inc., respondent, v City of

Mount Vernon, appellant, et al., defendants.

(Index No. 59091/2018)

Appeals from an order of the Supreme Court, Westchester County, dated September 2, 2020, and an amended judgment of the same court dated January 26, 2024. Motion by City of Mount Vernon to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the amended judgment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

DILLON, J.P., WOOTEN, LANDICINO and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court