Appellate Division: Second Judicial Department

M274927

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-09004 In the Matter of Yoel Tenenbaum, respondent, v Mendal Brach, etc., et al., appellants. (Index No. 31408/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated December 1, 2020. Motion by Mendal Brach, Martin Steinberg, and 26 Collins Avenue, LLC, for leave to appeal to this Court from the order, and pursuant to CPLR 5519(a)(6) to fix an undertaking or, in the alternative, to stay enforcement of the order, pending hearing and determination of the appeal. Separate motion by Yoel Tenenbaum to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted, and upon the ground that Mendal Brach, Martin Steinberg, and 26 Collins Avenue, LLC, are not aggrieved by the order.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by Mendal Brach, Martin Steinberg, and 26 Collins Avenue, LLC, which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion by Yoel Tenenbaum which is to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted, is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the motions are otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court