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

July 20, 2026

2025-12017, 728224/2024

Lara J. Genovesi, J.P.

Paul Wooten

Helen Voutsinas

Donna-Marie E. Golia, JJ.

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DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 8, 2025. Motion by respondent M. Ramirez Landscaping, Inc. to dismiss the appeal, in effect, on the ground that no appeal lies as of right from an order holding a motion in abeyance and leave to appeal has not been granted. By order to show cause dated April 8, 2026, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appellant is not aggrieved (see CPLR 5511), and the motion by respondent M. Ramirez Landscaping, Inc. was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in relation thereto, and upon the papers filed in support of the motion by the respondent M. Ramirez Landscaping, Inc., and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that the appellant is not aggrieved is granted (see CPLR 5511), and the appeal is dismissed, without costs and disbursements; and it is further,

ORDERED that the motion by the respondent M. Ramirez Landscaping, Inc. is denied as academic.

GENOVESI, J.P., WOOTEN, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court