IN RE: John BORGIA (2025)

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

IN RE: John BORGIA, etc., et al., respondents, v. SCO FAMILY OF SERVICES, appellant.

2020-09390

Decided: March 26, 2025

ANGELA G. IANNACCI, J.P., LARA J. GENOVESI, LILLIAN WAN, CARL J. LANDICINO, JJ.

Newfield, Biondo & Carlino, LLC, White Plains, NY (James Newfield of counsel), for appellant. ArentFox Schiff LLP, New York, NY (Elliot M. Kroll of counsel), for respondents.

DECISION & ORDER

In a proceeding pursuant to CPLR 7601 to enforce an alternative dispute resolution provision of a contract, SCO Family of Services appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated October 2, 2020. The order denied the motion of SCO Family of Services pursuant to CPLR 3211(a) and 7601 to dismiss the petition.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an order and judgment (one paper) in the proceeding (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647; Matter of Borgia v. SCO Family of Services, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 908311 [Appellate Division Docket No. 2021–08843; decided herewith]).

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

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