| Ellis v Byrne |
| Motion No: 2023-09562 |
| Slip Opinion No: 2024 NY Slip Op 71067(U) |
| Decided on July 17, 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
M297790
AFA/
COLLEEN D. DUFFY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
LAURENCE L. LOVE, JJ.
|
2023-09562 Kathleen A. Ellis, respondent, v Elizabeth Byrne, et al., appellants, et al., defendants. (Index No. 64659/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated October 16, 2023. Motion by the appellants for leave to appeal to this Court from the order and to stay enforcement of the order, pending hearing and determination of the appeal. Application by the appellants to extend the time to perfect the appeal.
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 in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the application is denied as academic.
DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court