Appellate Division: Second Judicial Department

M274797

E/sl

ROBERT J. MILLER, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-01009 Latoya J. Polite, appellant, v 1st American Homes, LLC, respondent. (Index No. 7028/2015)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Queens County, dated October 9, 2019. Motion by Sadia Home, Inc., inter alia, for leave to intervene on the appeal as successor-in-interest to the respondent. By order to show cause dated October 28, 2020, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the grounds that the appellant was not aggrieved by the portion of the decision and order which denied the respondent's motion pursuant to CPLR 4401, and the remainder of the decision and order constituted a decision from which no appeal lies, and the motion by Sadia Home, Inc., was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by Sadia Home, Inc., and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion by Sadia Home, Inc., is denied as academic.

MILLER, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court