Opinion
2021-05992 Index 510160/2020
11-05-2021
267 Development, LLC, appellant, v. Brooklyn Babies and Toddlers, LLC, et al., respondents.
M279951 E/sl
WILLIAM F. MASTRO, J.P., VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated July 26, 2021. Motion by the appellant for leave to appeal to this Court from so much of the order as, in effect, sua sponte vacated so much a prior order of the same court dated March 15, 2021, as denied those branches of its prior motion which were for summary judgment on the first, second, and third causes of action.
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 motion is denied; and it is further, ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order as, in effect, sua sponte vacated so much the order dated March 15, 2021, as denied those branches of the appellant's prior motion which were for summary judgment on the first, second, and third causes of action is dismissed, without costs or disbursements; and it is further, ORDERED that on the Court's own motion, the appeal from so much of the order as, in effect, granted the appellant's motion for leave to reargue and, upon reargument, vacated so much of the order dated March 15, 2021, as granted the prior cross motion by the respondents for summary judgment dismissing the fourth and fifth causes of action and for summary judgment on the counterclaim, and denied those branches of the prior motion which were for summary judgment on the fourth and fifth causes of action, and denied the prior cross motion and granted those branches of the prior motion which were for summary judgment on the fourth and fifth causes of action to the extent of dismissing the counterclaim and directing a hearing to determine the amount of arrears owed by the respondent Mary Ann O'Neil on the fourth and fifth causes of action is dismissed, without costs or disbursements, as the appellant is not aggrieved by that portion of the order (see CPLR 5511).
MASTRO, J.P., BRATHWAITE NELSON, IANNACCI and GENOVESI, JJ., concur.