Opinion
Motion No. 2020-06150 Index No. 50195/2019
05-22-2023
Tesfaye Hiwot, appellant, v. Penelopi Koutras-Hiwot, respondent.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P. VALERIE BRATHWAITE NELSON CHERYL E. CHAMBERS BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Richmond County, dated July 17, 2020. Motion by the respondent, inter alia, 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 Supreme Court, Richmond County, dated October 30, 2020. Cross-motion by the appellant, inter alia, to impose sanctions upon the respondent's counsel.
Upon the papers filed in support of the motion and the cross-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 dated October 30, 2020, is granted, the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241), and the motion is otherwise denied as academic; and it is further, ORDERED that the cross-motion is denied.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.