| Kane v Capuchin Franciscans |
| Motion No: 2024-10932 |
| Slip Opinion No: 2025 NY Slip Op 77909(U) |
| Decided on October 3, 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
M308335
AFA/
LARA J. GENOVESI, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
LOURDES M. VENTURA, JJ.
|
2024-10932 Stephen Kane, appellant, v Capuchin Franciscans, et al., defendants, Province of St. Mary of the Capuchin Order, respondent. (Index No. 56671/2020)
| DECISION & ORDER ON MOTION |
Appeal from an amended order of the Supreme Court, Westchester County, dated September 18, 2024. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the amended order terminated upon entry in the above-entitled action of a judgment of the same court dated November 12, 2024.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).
GENOVESI, J.P., CHRISTOPHER, WAN and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court