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PINECREST NATIONAL FUNDING, LLC v. AATLAS-B PROPERTIES, INC.

2008-00938, 2008-00939

68 A.D.3d 833 (2009)

2009 NY Slip Op 9199

893 N.Y.S.2d 62

PINECREST NATIONAL FUNDING, LLC, Plaintiff, v. AATLAS-B PROPERTIES, INC., et al., Defendants. (Matter No. 1.) In the Matter of ANTHONY TIRONE, Respondent, v. AATLAS-B PROPERTIES, INC., et al., Respondents, and TOM TOMPKINS, Appellant. (Matter No. 2.) (And Other Titles.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 8, 2009.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to Anthony Tirone, as receiver for Pinecrest National Funding, LLC.

The 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 N.Y.2d 241

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