Appellate Division: Second Judicial Department

M286397

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2021-04726 Mitchell J. Winn, etc., plaintiff, v Hansranie Morgan, etc., respondent, Fazil Hamid, etc., appellant. (Index No. 613529/2019)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record to include certain material and to extend the time to perfect the appeal. By order to show cause dated October 5, 2022, the parties were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies from a decision, and/or on the ground that no appeal lies as of right from an order that does not result from a motion made on notice and leave to appeal had not been granted, and the appellant's motion was held in abeyance in the interim.

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 motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509; CPLR 5701); and it is further,

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

CONNOLLY, J.P., WOOTEN, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court