| Private Capital Group LLC v Connor |
| Motion No: 2022-05940 |
| Slip Opinion No: 2024 NY Slip Op 69528(U) |
| Decided on June 14, 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
M297073
AFA/
BETSY BARROS, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
CARL J. LANDICINO, JJ.
|
2022-05940 Private Capital Group LLC, plaintiff, v Pearl Connor, et al., respondents, et al., defendants; Palm Avenue Hialeah Trust, etc., nonparty-appellant. (Index No. 2531/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 31, 2022. Motion by the respondents to dismiss the appeal, inter alia, on the ground that the order is not the result of a motion made on notice and leave to appeal has not been granted and that the appellant is not aggrieved by the order. Application by the appellant, in effect, for leave to appeal to this Court from the order and to deem the notice of appeal reflect that Ross Eisenberg is also an appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order is not the result of a motion made on notice and leave to appeal has not been granted and the branch of the application which is for leave to appeal to this Court from the order are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant is not aggrieved by the order is denied; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the application which is to deem the notice of appeal reflect that Ross Eisenberg is also an appellant is granted, and the notice of appeal is deemed to reflect that Ross Eisenberg is also an appellant (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly.
BARROS, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court