Opinion
2016–10230 2016–11857 (Index No. 503180/16)
05-08-2019
WILSON 3 CORP., et al., Respondents, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellant (and a third- party action).
Sandelands Eyet LLP, New York, N.Y. (Margaret S. Stefandl of counsel), for appellant. Charles R. Cuneo, P.C., Huntington, NY, for respondents.
Sandelands Eyet LLP, New York, N.Y. (Margaret S. Stefandl of counsel), for appellant.
Charles R. Cuneo, P.C., Huntington, NY, for respondents.
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Motion by the plaintiffs, inter alia, to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of a judgment in this action. By decision and order on motion dated March 14, 2018, that branch of the motion which is to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgment was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeals, it is
ORDERED that the branch of the motion which is to dismiss the appeals from the orders on the ground that the right to direct appeal from the orders terminated upon entry of the judgment is granted; and it is further,
ORDERED that the appeals from the orders are dismissed, without costs or disbursements.
The appeals from the orders must be dismissed because the right of direct appeal therefrom terminated with entry of the judgment dated February 24, 2017, in the action (see Matter of Aho , 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the judgment ( Wilson 3 Corp. v. Deutsche Bank Natl. Trust Co. , 172 A.D.3d 960, 102 N.Y.S.3d 102, 2019 WL 2029795 [Appellate Division Docket No. 2017–04663 ; decided herewith]; see CPLR 5501[a][1] ).
SCHEINKMAN, P.J., BALKIN, HINDS–RADIX and CHRISTOPHER, JJ., concur.