| VGM, LLC v ISY Realty, LLC |
| Motion No: 2021-02482 |
| Slip Opinion No: 2023 NY Slip Op 75023(U) |
| Decided on October 13, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M291566
AFA/
JOSEPH J. MALTESE, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2021-02482 VGM, LLC, respondent, v ISY Realty, LLC, et al., appellants, et al., defendants. (Index No. 504380/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated March 12, 2021. Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated March 9, 2023.
Upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the appellants' motion is denied as academic.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court