| Nemon v Nemon |
| Motion No: 2023-10893 |
| Slip Opinion No: 2024 NY Slip Op 65238(U) |
| Decided on April 3, 2024 |
| 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
M295430
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
CARL J. LANDICINO, JJ.
|
2023-10893 Sarah Nemon, plaintiff-respondent, v Binyomin Nemon, appellant; Asher Brian White, etc., et al., nonparty-respondents. (Index No. 553147/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 18, 2023.
By order to show cause dated December 8, 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 (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509 and see CPLR 5511).
CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court