Legal Opinion

Pinecrest National Funding, LLC v. Aatlas-B Properties, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2009PublishedCited by 3 opinions

1Opinion of the Court

*834The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).

In the interests of justice and judicial economy, given the circumstances of this case, the Supreme Court properly granted the motion of Anthony Tirone, as receiver for Pinecrest National Funding, LLC, to remove a summary proceeding commenced against the…

2Cases cited5 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  3. Kally v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2007
  4. Flaherty v. RCP AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
  5. Nigro v. PickettAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. Liberty Equity Restoration Corp. v. Maeng-Soon YunAppellate Division of the Supreme Court of the State of New York · 2015
  2. Liberty Equity Restoration Corp. v. Pil Soung ParkAppellate Division of the Supreme Court of the State of New York · 2015
  3. Richmond Amboy Realty, LLC v. 3881 Richmond Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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