Delco Development Company of Hicksville, L.P. v Shoes Etc. Inc.
Motion No: 2024-01956
Slip Opinion No: 2025 NY Slip Op 63269(U)
Decided on February 24, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303103

AFA/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-01956

Delco Development Company of Hicksville,

L.P., respondent, v Shoes Etc. Inc., etc.,

et al., appellants.

(Index No. 607335/2021)

DECISION & ORDER ON MOTION

2024-09088

Delco Development Company of Hicksville,

L.P., respondent, v Shoes Etc. Inc., etc.,

et al., appellants.

(Index No. 607335/2021)

Appeals from an order of the Supreme Court, Nassau County, dated January 12, 2024, and a judgment of the same court dated July 22, 2024. By order to show cause dated September 18, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing 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 judgment.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).

DILLON, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court