Appellate Division: Second Judicial Department

M233186

U/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-00492, 2017-03709 Jill Friedman, plaintiff-appellant, v Otsego Mutual Fire Insurance Company, respondent, Jonathan Rosenzweig, et al., defendants-appellants. (Appeal No. 1) Jill Friedman, plaintiff-respondent, v Otsego Mutual Fire Insurance Company, defendant- respondent, Jonathan Rosenzweig, et al., appellants. (Appeal No. 2) (Index No. 4948/14)

DECISION & ORDER ON MOTION

ORDERED that the decision and order on motion of this Court dated June 14, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent Otsego Mutual Fire Insurance Company, inter alia, on appeals from an order of the Supreme Court, Nassau County, dated November 4, 2014, and an appeal from a judgment of the same court dated January 17, 2017, to dismiss the appeal taken by the defendants Jonathan Rosenzweig and Diversified Agency, Inc., from the order, on the ground that they are not aggrieved by the order.

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

ORDERED that the motion to dismiss the appeal taken by the defendants Jonathan Rosenzweig and Diversified Agency, Inc., from the order is granted, and the appeal taken by the defendants Jonathan Rosenzweig and Diversified Agency, Inc., from the order is dismissed, without costs or disbursements (see CPLR 5701; Mixon v TBV, Inc., 76 AD3d 144).

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court