Opinion
Motion No. 2023-10893 Index No. 553147/2021
04-03-2024
Sarah Nemon, plaintiff-respondent, v. Binyomin Nemon, appellant; Asher Brian White, etc., et al., nonparty-respondents.
Unpublished Opinion
MOTION DECISION
FRANCESCA E. CONNOLLY, J.P., LINDA CHRISTOPHER, BARRY E. WARHIT, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated October 18, 2023.
By order to show cause dated December 8, 2023, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509), and no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509 and see CPLR 5511).
CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.