Levine v. Cabrera

Full title: Bryanna Levine, respondent, v. Christopher Cabrera, appellant.

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

Date published: Jun 15, 2012

2012 N.Y. Slip Op. 76329 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-002682012-04831Index No. 11-7990M138531

06-15-2012

Bryanna Levine, respondent, v. Christopher Cabrera, appellant.

PETER B. SKELOS

, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated October 19, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court in the above-entitled action entered January 4, 2012.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated October 19, 2011, is deemed also to be a notice of appeal from the judgment entered January 4, 2012 (see CPLR 5501[c]); and it is further,

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, and the issues raised on the appeal from the order are brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241).

SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court