Opinion
Motion No. 2023-06683 Index No. 550642/2020
04-29-2024
Giuseppe Lubrano, appellant, v. Ekaterina Lubrano, respondent.
Unpublished Opinion
MOTION DECISION
M296103
BETSY BARROS, J.P., LINDA CHRISTOPHER, JANICE A. TAYLOR, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated July 19, 2023. Motion by the appellant to grant certain visitation with the subject child and for leave to prosecute the appeal as a poor person. Separate motion by the appellant to stay the sale of the martial residence and the contents therein and to authorize the appellant to have certain visitation with the subject child. Separate motion by the appellant, inter alia, for leave to prosecute the appeal as a poor person, the assignment of counsel, the appointment of an attorney for the subject child and, in effect, for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed on the ground that the right of direct appeal from the order dated July 19, 2023, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered December 13, 2023 (see Matter of Aho, 39 N.Y.2d 241); and it is further, ORDERED that the motions are denied as academic.
BARROS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.