Appellate Division: Second Judicial Department

M297746

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2022-03501, 2023-08231 SC Bromley 1, LLC, plaintiff, v Linda Sherman, etc., et al., defendants, Johnnie Faulcon, etc., appellant; AB Venture LLC, nonparty-respondent. (Index No. 725084/2021)

DECISION & ORDER ON MOTION

Appeals from an order and a decision of the Supreme Court, Queens County, both dated March 31, 2022. Motion by the appellant to extend the time to perfect the appeals and to stay all proceedings in the above-entitled action, including the sale of the subject property, pending hearing and determination of the appeals. Separate motion by the appellant, inter alia, to stay the sale of the subject property, pending hearing and determination of the appeals, and to extend the time to perfect the appeals. Cross-motion by the respondent to dismiss the appeal from the decision on the ground that no appeal lies from a decision and to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 12, 2023.

Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the cross-motion to dismiss the appeal from the decision on the ground that no appeal lies from a decision and to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 12, 2023, is granted, and the appeals are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motions by appellant are denied as academic.

BARROS, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court