Appellate Division: Second Judicial Department

M282339

MB/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-08431 Mohammed Deen, et al., respondents, v Hayden Holder, appellant. (Index No. 701105/2020)

DECISION & ORDER ON MOTION

Appeal from a purported order of the Supreme Court, Queens County, dated October 21, 2021. By order to show cause dated December 3, 2021, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no order of the Supreme Court, Queens County, dated October 21, 2021, was issued in the above-entitled matter. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal in an action entitled People v Holder, pending before this Court under Appellate Division Docket No. 2016-13162.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion 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; and it is further,

ORDERED that the appellant's motion is denied as academic.

BRATHWAITE NELSON, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court