Beacon Hill Bungalow Corp. v. Hammerich

Full title: The Beacon Hill Bungalow Corporation, Respondent-Appellant, v. Dalf…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jul 21, 2015

2015 N.Y. Slip Op. 80681 (N.Y. App. Term 2015)

Opinion

Motion No: 2014-01407 NC

07-21-2015

The Beacon Hill Bungalow Corporation, Respondent-Appellant, v. Dalf Hammerich and Danielle Hammerich, Appellants-Respondents.

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellants-respondents on an appeal and cross appeal from an order of the District Court of Nassau County, First District, entered April 21, 2014, to enlarge the time to perfect the appeal.

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

ORDERED, on the court's own motion, that the appeal and cross appeal are dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 14, 2015 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal and cross appeal from the order may be brought up for review and considered on an appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,

ORDERED that appellant-respondent's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk