| David J. Whelan v John Busiello |
| Motion No: 2023-658 |
| Slip Opinion No: 2024 NY Slip Op 60644 |
| Decided on January 16, 2024 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
David J. Whelan, et al.,
Plaintiffs,
v
John Busiello,
Respondent;
Patricia Weiss,
Nonparty-Appellant.
Motion, insofar as it seeks leave to appeal from the portion of the Appellate Division order dismissing appellant's appeal to that Court from so much of an order of Supreme Court as granted a motion to vacate a notice of pendency, dismissed upon the ground that appellant is not a party aggrieved (see CPLR 5511); motion for leave to appeal otherwise dismissed upon the ground that the remainder of the Appellate Division order does not finally determine the action within the meaning of the Constitution.