Future Equity, LLC v Eyaad Mahmoud, Ahmed Elgazzar, Sara Elgazzar, Amr Mahmoud, Sued Herein As "john Doe", & "jane Doe"
Motion No: 2018-00307 KC
Slip Opinion No: 2019 NY Slip Op 80108(U)
Decided on September 13, 2019
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-307 K C
Future Equity, LLC, Respondent, v Eyaad Mahmoud, Ahmed Elgazzar, Sara Elgazzar, Amr Mahmoud, sued herein as "John Doe", and "Jane Doe" Appellants.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 30, 2017. By order to show cause dated August 14, 2019, the parties were directed to show cause why so much of the appeal as was purportedly taken on behalf of Eyaad Mahmoud, Ahmed Elgazzar, Sara Elgazzar, and "Jane Doe" should or should not be dismissed on the ground that those appellants are not aggrieved by the order appealed from, as the record on appeal indicates that a notice of appearance and an answer were filed only on behalf of Amr Mahmoud, sued herein as "John Doe".

Upon the order to show cause, and upon a stipulation dated August 29, 2019 submitted in response thereto, it is

ORDERED that the motion to dismiss so much of the appeal as was purportedly taken on behalf of Eyaad Mahmoud, Ahmed Elgazzar, Sara Elgazzar, and "Jane Doe" is granted and that portion of the appeal is dismissed; and it is further,

ORDERED that the remainder of the appeal, taken on behalf of Amr Mahmoud, sued herein as "John Doe", is marked withdrawn.

ENTER:

Paul Kenny

Chief Clerk