Bibeau v. Sudick

Full title: Ovila Bibeau, respondent, v. Lydia Sudick, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 29, 2013

2013 N.Y. Slip Op. 72085 (N.Y. App. Div. 2013)

Opinion

2012-06421 2013-01769 Index No. 10-11828 M155487

04-29-2013

Ovila Bibeau, respondent, v. Lydia Sudick, appellant.

RUTH C. BALKIN

, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order of the Supreme Court, Orange County, dated May 21, 2012, and a judgment of the same court dated January 15, 2013, and to enlarge the time to perfect the appeal from the order.

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 (Appellate Division Docket No. 2012-06421) is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court