Opinion
Motion Nos. 2023-00946 KC 2023-00465 K C
07-29-2024
Patricia I. Rivera, Respondent, v. Low Cost Vet Mobile, Appellant.
Unpublished Opinion
MOTION DECISION
WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an extension of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 3, 2023 under docket number 2023-465 K C. Separate motion by appellant to consolidate the appeal with an appeal from a judgment of the same court entered May 10, 2023 under docket number 2023-946 K C.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the motions are consolidated for disposition; and it is further, ORDERED on the court's own motion, that the appeal of the denial of appellant's motion to dismiss the complaint (docket number 2023-465 K C) is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on an appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further, ORDERED that the motions to consolidate the appeals and for an extension of time to perfect the appeal under docket number 2023-465 KC are denied as moot. Appellant's deadline to perfect the appeal under docket number 2023-946 KC is October 4, 2024.