| Turoff v Great Atlantic & Pacific Tea Co |
| Motion No: 2023-08629 |
| Slip Opinion No: 2024 NY Slip Op 68286(U) |
| Decided on May 24, 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
M296631
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-08629 Deborah A. Turoff, et al., respondents, v Great Atlantic & Pacific Tea Co., etc., defendant, ABR Amboy Road, LLC, appellant. (Index No. 104017/2008)
| DECISION & ORDER ON MOTION |
Appeal from an amended judgment of the Supreme Court, Richmond County, dated August 17, 2023. Motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal. Cross-motion by the respondents to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party. Separate motion by the respondents to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motions are denied as academic.
BRATHWAITE NELSON, J.P., CHAMBERS, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court