Appellate Division: Second Judicial Department

M296377

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2023-11292 Village of Hillburn, et al., respondents, v Nicholas Cianciaruso, et al., appellants, et al., defendants. (Index No. 31260/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated October 16, 2023. Motion by the respondents to dismiss the appeal, inter alia, on the ground that the appellants are not aggrieved by the order. By order to show cause dated March 22, 2024, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted, and the motion by the respondents 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 respondents and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted, is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that motion by the respondents is denied as academic.

DUFFY, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court