Appellate Division: Second Judicial Department

M292559

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2023-05209 444 State Street PBA, LLC, respondent-appellant, v Ivette Calise, appellant-respondent. (Index No. 515498/2019)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated April 11, 2023. By order to show cause dated August 21, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross-appeal on the ground that no appeal lies as of right from so much of the order as, sua sponte, directed that the appellant-respondent shall receive full reimbursement of all of the monthly rent paid to respondent-appellant from the commencement of respondent-appellant's ownership of the building, and directed the parties to appear for a framed-issue hearing before a special referee to determine the amount of the rent to be reimbursed.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the Court's motion to dismiss the cross-appeal is held in abeyance and referred to the panel of Justices hearing the appeal and cross-appeal for determination upon the argument or submission thereof.

DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court