Appellate Division: Second Judicial Department

M291961

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2022-09755 HSBC, respondent, v Cong., et al., appellants. (Index No. 11036/2009)

DECISION & ORDER ON MOTION

2023-03003

HSBC Mortgage Corporation (USA), etc.,

respondent, v Cong. Chemdath Tora V'Chesed,

etc., et al., appellants.

(Index No. 11036/2009)

Appeals from a decision of the Supreme Court, Kings County, dated October 31, 2022, and an order of the same court dated November 28, 2022. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants to stay the sale of the subject property, pending hearing and determination of the appeal from the decision. Motion by the respondent to dismiss the appeal from the decision on the ground that no appeal lies from a decision or, in the alternative, to extend the time to serve and file a brief on the appeal from the decision. Cross-motion by the appellants to consolidate the appeals.

Upon the papers filed in support of the motions and cross -motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the decision on the ground that no appeal lies from a decision is granted, and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motions and cross-motion are otherwise denied as academic.

BRATHWAITE NELSON, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court