Siony v Siunykalimi
Motion No: 2021-03043
Slip Opinion No: 2022 NY Slip Op 75922(U)
Decided on December 16, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M286451

AFA/

MARK C. DILLON, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LILLIAN WAN, JJ.

2021-03043, 2021-03044, 2021-03045,

2021-03046, 2021-03047

Rachel Siony, et al., appellants,

v Rahim Siunykalimi, etc., respondent.

(Index No. 14562/2012)

DECISION & ORDER ON MOTION

Appeals from three decisions of the Supreme Court, Kings County, dated March 8, 2021, December 13, 2016, and April 25, 2017, and two orders of the same court, dated January 14, 2019, and February 22, 2019. Motion by the appellants to extend the time to perfect the appeals. By order to show cause dated June 3, 2022, the parties were directed to show cause before this Court why the appeals 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 appellants' motion was held in abeyance in the interim. Separate motion by the appellants, inter alia, for leave to appeal to this Court from the decisions and orders.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion to extend the time to perfect the appeals, and no papers having been filed in opposition or in relation to, and upon the papers filed in support of the motion for leave to appeal to this Court, and the papers filed in opposition thereto, it is

ORDERED that the motion, inter alia, for leave to appeal to this Court is denied; and it is further,

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

ORDERED that the motion to extend the time to perfect the appeals is denied as academic.

DILLON, J.P., FORD, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court