Opinion
Motion No. 2021-06177 Index No. 51699/2019
10-06-2023
Mohammed Salim Chowdhury, DPM, P.C., appellant, v. Westchester Footcare, P.C., et al., respondents.
Unpublished Opinion
MOTION DECISION
M291468
ROBERT J. MILLER, J.P. WILLIAM G. FORD DEBORAH A. DOWLING CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated July 14, 2021. Motion by the respondents to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated September 8, 2022 (see Matter of Aho, 39 N.Y.2d 241), and on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment of the same court dated September 8, 2022, is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241);
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., FORD, DOWLING and LANDICINO, JJ., concur.