Appellate Division: Second Judicial Department

M284038

MB/

COLLEEN D. DUFFY, J.P.

BETSY BARROS

SHERI S. ROMAN

DEBORAH A. DOWLING, JJ.

2021-04968 Wyatt Derrick, appellant, v Air Sea Packing Group, et al., defendants; Pazer, Epstein, Jaffe & Fein, P.C., nonparty- respondent. (Index No. 507638/2015)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Kings County, dated June 30, 2021. By order to show cause dated January 19, 2022, the appellant, the nonparty-respondent, and nonparty Paul Ajlouny & Associates, P.C., were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal, inter alia, on the ground that no appeal lies from a decision. Motion by nonparty Paul Ajlouny & Associates, P.C., to deem the notice of appeal from the decision to be a notice of appeal by Paul Ajlouny & Associates, P.C, and for leave to appeal to this Court from the decision dated June 30, 2021.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from a decision is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and the motion is otherwise denied; and it is further,

ORDERED that the motion by Paul Ajlouny & Associates, P.C., is denied as academic.

DUFFY, J.P., BARROS, ROMAN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court