Opinion
399 CA 21-00338
04-22-2022
CAITLIN MCCANN, PLAINTIFF-RESPONDENT, v. DAVID GORDON, DEFENDANT-APPELLANT.
DAVID GORDON, DEFENDANT-APPELLANT PRO SE. BRINDISI, MURAD, BRINDISI & PEARLMAN, LLP, UTICA (EVA BRINDISI PEARLMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
DAVID GORDON, DEFENDANT-APPELLANT PRO SE.
BRINDISI, MURAD, BRINDISI & PEARLMAN, LLP, UTICA (EVA BRINDISI PEARLMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, LINDLEY, AND CURRAN, JJ.
Appeal from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), entered February 10, 2021. The order, inter alia, granted the motion of plaintiff for summary judgment on the issue of liability on her defamation cause of action and denied defendant's cross motion to dismiss the complaint.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Defendant appeals from an order that, inter alia, granted plaintiff's motion for summary judgment with respect to liability on her defamation cause of action and denied defendant's cross motion to dismiss the complaint. "The right to appeal from an intermediate order terminates with the entry of a final judgment" (City of Syracuse v COR Dev. Co., LLC, 147 A.D.3d 1510, 1510 [2017] [internal quotation marks omitted]; see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). Because the record of this case in the New York State Courts Electronic Filing System establishes that a final judgment was entered on January 7, 2022, of which we take judicial notice (see 1591 Second Ave. LLC v Metropolitan Transp. Auth., 202 A.D.3d 582, 583 [1st Dept 2022]), defendant's appeal from the intermediate order must be dismissed (see McDonough v Transit Rd. Apts., LLC, 164 A.D.3d 1603, 1603 [4th Dept 2018]; see generally Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 A.D.2d 566, 567 [1st Dept 1978]).