Appellate Division: Second Judicial Department

M233558

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 decisions and orders on motion of this Court dated June 14, 2017, and June 15, 2017, respectively, in the above-entitled case are recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent Otsego Mutual Fire Insurance Company on appeals from an order of the Supreme Court, Nassau County, dated November 30, 2016, and an appeal from a judgment of the same court dated January 17, 2017, to dismiss the appeals taken by the defendants Jonathan Rosenzweig and Diversified Agency, Inc., on the ground that they are not aggrieved by either the order or the judgment.

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 taken by the defendants Jonathan Rosenzweig and Diversified Agency, Inc., from the order and the judgment are 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