Garrett v Wolfman
Motion No: 2024-03625
Slip Opinion No: 2024 NY Slip Op 70391(U)
Decided on July 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M297450

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2024-03625

Kelly Garrett, respondent,

v Jonathan Wolfman, appellant.

(Index No. 724660/2020)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Queens County, dated March 6, 2024. By order to show cause dated May 17, 2024, 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 a from decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and/or no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701).

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; see CPLR 5701).

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court