Appellate Division: Second Judicial Department

M288764

KS/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2021-04555 Majid Mohammad, plaintiff-respondent, v Altaf Rehman, defendant, Amir Rehman, et al., defendants third-party plaintiffs-appellants; Azam Mohammed, et al., third-party defendants-respondents, et al., third-party defendant. (Index No. 36055/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated May 26, 2021. Motion by the third-party defendants-respondents to dismiss the appeal for failure to file a complete record on appeal. Separate motion by the third-party defendants-respondents to extend the time to serve and file a brief. By order to show cause dated November 18, 2022, this Court directed the parties to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the motions by the third-party defendants-respondents were held in abeyance in the interim. Motion by the appellants, in effect, for leave to appeal to this Court from the order and to vacate a stated portion of the order. Application by the third-party defendants-respondents to extend the time to serve and file a brief.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the third-party defendants-respondents to dismiss the appeal and the motion by the appellants and the papers filed in opposition thereto, and upon the papers filed in support of the motion and the application to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the appellants which is to vacate a stated portion of the order is denied without prejudice to seeking relief in the Supreme Court, Rockland County; and it is further,

ORDERED that the branch of the motion by the appellants which is, in effect, for leave to appeal to this Court from the order is denied; and it is further,

ORDERED that the motion to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motions and the application by the third-party defendants-respondents are denied as academic.

DUFFY, J.P., IANNACCI, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court