Opinion
Motion No. 2023-09562 Index No. 64659/2021
07-17-2024
Kathleen A. Ellis, respondent, v. Elizabeth Byrne, et al., appellants, et al., defendants.
Unpublished Opinion
MOTION DECISION
M297790
COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, DEBORAH A. DOWLING, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated October 16, 2023. Motion by the appellants for leave to appeal to this Court from the order and to stay enforcement of the order, pending hearing and determination of the appeal. Application by the appellants to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further, ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further, ORDERED that the motion is otherwise denied as academic; and it is further, ORDERED that the application is denied as academic.
DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.