Appellate Division: Second Judicial Department

M301894

AFA/

HECTOR D. LASALLE, P.J.

LARA J. GENOVESI

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2022-03387, 2022-03572 Wilmington Savings Fund Society, FSB, etc., respondent, v Nilda Stambuk, appellant, et al., defendants. (Index No. 51986/2016)

DECISION & ORDER ON MOTION

Appeals from an order and an order and judgment (one paper) of the Supreme Court, Westchester County, both dated April 18, 2022. Motion by the respondent, in effect, to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment, and to dismiss the appeal from the order and judgment on the ground that the appellant failed to serve a subpoena upon the clerk of the court of original instance in accordance with this Court's rules (see 22 NYCRR 1250.9[a][2][i]).

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 the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment is granted, and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order and judgment on the ground that the appellant failed to serve a subpoena upon the clerk of the court of original instance in accordance with this Court's rules (see 22 NYCRR 1250.9[a][2][i]) is granted, and the appeal from the order and judgment is dismissed, without costs or disbursements.

LASALLE, P.J., GENOVESI, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court