Opinion
Motion No: 2011-038212011-03822Index No. 8365-08M125583
09-12-2011
Bank of America, N.A., etc., respondent, v. Integrated Construction Management, Inc., defendant, Roger Rowe, appellant.
, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Suffolk County, dated September 9, 2008, and a judgment of the same court entered March 9, 2009, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated September 9, 2008, is dismissed, without costs of disbursements, on the ground that the right of direct appeal from the order terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment entered March 9, 2009, is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and its is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court