Meyer v 148 South Emerson Associates, LLC
Motion No: 2015-12074
Slip Opinion No: 2016 NY Slip Op 78184(U)
Decided on June 29, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M214029

E/afa

MARK C. DILLON, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-12074, 2016-03382 MOTION

Michael J. Meyer, etc., et al., plaintiffs-

respondents, v 148 South Emerson

Associates, LLC, defendant-respondent,

Drew Doscher, appellant.

(Index No. 68379/14)

DECISION & ORDER ON

Motion by the plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 23, 2015, on the ground that the order dated October 23, 2015, was superseded by a money judgment of the same court entered December 9, 2015, in the above-entitled action, and to dismiss an appeal from an order of the same court dated April 5, 2016, on the ground that no appeal lies from an order that is not the result of a motion made on notice and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements.

DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court