| Island Endoscopy Center, LLC v Saxena |
| Motion No: 2021-02171 |
| Slip Opinion No: 2025 NY Slip Op 81645(U) |
| Decided on December 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
M309753
AFA/
MARK C. DILLON, J.P.
WILLIAM G. FORD
LAURENCE L. LOVE
JAMES P. MCCORMACK, JJ.
|
2021-02171 Island Endoscopy Center, LLC, et al., respondents- appellants, Noel D'Silva, plaintiff-respondent, v Rajiv Saxena, appellant-respondent. (Index No. 9867/2015)
| DECISION & ORDER ON MOTION |
2024-03899
Island Endoscopy Center, LLC, et al., respondents-
appellants, Noel D'Silva, plaintiff-respondent,
v Rajiv Saxena, appellant-respondent.
(Index No. 9867/2015)
Appeals and cross-appeals from an order of the Supreme Court, Suffolk County, dated February 23, 2021, and a judgment of the same court dated December 18, 2023. The appeal and cross-appeal from the judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated April 28, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-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 judgment.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted and the appeal and cross-appeal from the order are dismissed (see Matter of Aho, 39 NY2d 241), without costs or disbursements.
DILLON, J.P., FORD, LOVE and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court