Appellate Division: Second Judicial Department

M121907

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-09459 Shira D. Edell, respondent, v Abraham Lugassy, et al., appellants. (Index No. 30026/07)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated August 9, 2010, to include two orders of the Supreme Court, Kings County, dated October 12, 2010, and November 24, 2010, respectively, which amended the order dated August 9, 2010. By order to show cause dated April 21, 2011, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-captioned appeal on the ground that the appellant was not aggrieved by the order dated August 9, 2010, as amended by the orders dated October 12, 2010, and November 24, 2010.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed without costs or disbursements; and it is further,

ORDERED that the respondent's motion is denied as academic.

RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court