Appellate Division: Second Judicial Department

M293720

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-00283 Gloribel Cruz, respondent, v David Aybar, appellant. (Index No. 56210/2021)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Westchester County, dated November 16, 2022. Motion by the respondent to strike the appellant's brief and, in effect, to dismiss the appeal on the ground that the record is insufficient or, in the alternative, to extend the time to serve and file a respondent's brief. By order to show cause dated November 6, 2023, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies from a decision, and the motion by the respondent was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion by the respondent is denied as academic.

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court