Appellate Division: Second Judicial Department

M238277

E/ct

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-03583, 2017-03584 Maria Gennuso, plaintiff, v City of New York, et al., respondents; Parker Waichman, LLP, nonparty-appellant. (Index No. 503610/12)

DECISION & ORDER ON MOTION

Motion by the respondents RLM Realty Corp. and Da Luigi Realty Corp. to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 17, 2017, on the ground no appeal lies from an order entered upon the default of the appealing party. Separate motion by the respondents Louis Russo, Luigi Russo, Michael Russo, all individually and doing business as Gargiulos Restaurant, Gargiulos Restaurant, and Sirena Restaurant, Inc., individually and doing business as Gargiulos Restaurant to dismiss an appeal from an order of the same court also dated March 17, 2017, on the same ground. Cross motion by Parker Waichman, LLP, in effect, for leave to withdraw as counsel for the plaintiff.

Upon the papers filed in support of the motions and cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals are dismissed on the ground that the appellant is not aggrieved by the orders appealed from (see CPLR 5511); and it is further,

ORDERED that the separate motions and the cross motion are denied as academic.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court