Opinion
2021-71987 Index 704318/2019
09-20-2021
Unpublished Opinion
MOTION DECISION
LEONARD B. AUSTIN, J.P. SYLVIA O. HINDS-RADIX, BETSY BARROS, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, dated August 4, 2021. Motion by the respondent to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted. Cross motion by the appellant to preclude the respondent's counsel Ackerman LLP from filing papers in connection with this appeal. Separate motion by the appellant to direct the respondent to comply with CPLR 321(b) and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further, ORDERED that the cross motion and the appellant's motion are denied as academic.
AUSTIN, J.P., HINDS-RADIX, BARROS and GENOVESI, JJ., concur.