Opinion
Motion No: 2018-02133 KC
01-09-2020
Bernstein NY 7 Corporation, Respondent, v. Audrey A. Thomas, et al., Appellants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 14, 2018. By order to show cause dated December 10, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 2, 2019 (see Matter of Aho, 39 NY2d 241, 248 [1976]) and on the further ground that no appeal as of right lies from an order determining an oral application (see CCA 1702).
Upon the order to show cause, and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed.
PESCE, P.J., taking no part.
ENTER:
Paul Kenny
Chief Clerk