| Martha Southard etc. v Peter Harris, etc. |
| Motion No: 2022-520 |
| Slip Opinion No: 2022 NY Slip Op 71722 |
| Decided on September 15, 2022 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Martha Southard et al., etc.,
Respondents,
v
Peter Harris, etc.,
Appellant,
Debra Gross,
Respondent.
Motion for leave to appeal dismissed upon the ground that the Court of Appeals has jurisdiction to entertain a motion for leave to appeal pursuant to CPLR 5602 (a) (1) (ii) from a final judgment of Supreme Court only where a prior nonfinal Appellate Division order necessarily affects that judgment, and the prior nonfinal November 2021 Appellate Division order sought to be reviewed here denying a motion for a stay is not such an order.