Opinion
DOCKET NO. CA 15-00462
04-14-2015
MAHMOUD KHALIL, PLAINTIFF-APPELLANT, v. JEROME BRANDON AND WAYNE THOMAS ASHLEY, DEFENDANTS-RESPONDENTS. COMMISSIONERS OF THE STATE INSURANCE FUND, AS ASSIGNEE OF MAHMOUD KHALIL, ASSIGNOR, PLAINTIFF-RESPONDENT. v. JEROME BRANDON AND WAYNE THOMAS ASHLEY, DEFENDANTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 29, 2015, on the ground that appellant does not have standing to appeal because he is not an aggrieved party, and
Now, upon reading and filing the affidavits of Sarah E. Breiner, Esq., sworn to March 5, 2015, and March 23, 2015, the affidavit of Dirk Marschhausen, Esq., sworn to March 16, 2015, the notices of motion with proof of service thereof, and the affirmation of Adam A. Khalil, Esq., received March 26, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to appellant making a motion on notice in Supreme Court to vacate the order entered January 29, 2015, and appealing an order denying that motion (see CPLR 2221 [a] [2]; 5701 [a] [2], [3]; Sholes v Meagher, 100 NY2d 333; Matter of Mary L.R. v Vernon B., 48 AD3d 1088; Bajrovic v Jeff Anders Trucking, 52 AD3d 553; Fabozzi v Coppa, 5 AD3d 722).
Entered: April 14, 2015
Frances E. Cafarell, Clerk