Appellate Division: Second Judicial Department

M274506

MB/

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2019-10649 Slavina Gardella, respondent, v Emil Remizov, appellant. (Index No. 203399/2011)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Nassau County, dated May 23, 2019. By order to show cause dated October 30, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision. Motion by the respondent to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record and to extend the time to serve and file a brief.

Now, upon the order to show cause and the papers filed in response thereto, and 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 is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion by the respondent to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record and to extend the time to serve and file a brief is denied as academic.

CHAMBERS, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court