Appellate Division: Second Judicial Department

M274923

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2019-11510, 2020-05053 Garrick Dolberg, et al., appellants, v Charles Powell, et al., respondents. (Index No. 503411/2016)

DECISION & ORDER ON MOTION

Appeals from a decision of the Supreme Court, Kings County, dated August 27, 2019, and an order of the same court dated March 13, 2020. Motion by the respondents to dismiss the appeal from the decision on the ground that no appeal lies from a decision and to dismiss the appeal from the order on the ground that no appeal lies from an order denying reargument or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants to impose a sanction upon the respondents. Application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition thereto, it is

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements on the ground that no appeal lies from of an order which denies leave to renew and reargue a decision (see Canty-Cleveland v New York Congregational Nursing Center, Inc., 33 AD3d 748); and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief and the application for that relief are denied as academic; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court