Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 20, 2026

2024-07606, 604/2020

Francesca E. Connolly, J.P.

Paul Wooten

Janice A. Taylor

Lisa S. Ottley, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an amended order of the Supreme Court, Suffolk County, dated July 15, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511). By decision and order on motion dated October 25, 2024, the respondent's motion to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof. Separate motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal for failure to timely perfect is denied as unnecessary as the appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,

ORDERED the motion to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of the appealing party is denied as academic.

CONNOLLY, J.P., WOOTEN, TAYLOR and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court