Opinion
2022-62087 Motion 2022-00097 2022-00287
02-24-2022
Citimortgage, Inc., Plaintiff-Appellant, v. Dany Dalal, et al., Defendants, Link Point Realty Inc., Defendant-Respondent. Index No. 32339/16E Case No. 2022-00026
Unpublished Opinion
MOTION DECISION
Present - Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Manuel J. Mendez Bahaati E. Pitt, Justices.
An appeal having been taken to this Court from a judgment of the Supreme Court, Bronx County, entered on or about December 20, 2021,
And defendant-respondent having moved to dismiss the appeal as having been taken from a non-appealable paper (M-2022-00097), And plaintiff-appellant having cross-moved for leave to appeal the aforesaid December 20, 2021 judgment to this Court, pursuant to CPLR 5701 [c], should this Court find that the judgment is not appealable as of right (M-2022-00287), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that defendant-respondent's motion to dismiss the appeal is granted and the appeal is dismissed without prejudice to further proceedings in Supreme Court (M-2022-00097). Accordingly, plaintiff-appellant's cross motion for leave to appeal is denied (M-2022-00287).