Opinion
Motion No. 2021-02482 Index No. 504380/2020
10-13-2023
VGM, LLC, respondent, v. ISY Realty, LLC, et al., appellants, et al., defendants.
Unpublished Opinion
MOTION DECISION
M291566 AFA/
JOSEPH J. MALTESE, J.P. WILLIAM G. FORD BARRY E. WARHIT LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated March 12, 2021. Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated March 9, 2023.
Upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241); and it is further, ORDERED that the appellants' motion is denied as academic.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.