Appellate Division: Second Judicial Department

M298865

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2021-09457 Allan McLean, respondent, v Heller & Heller Attorneys at Law, defendant, Mark Jay Heller, et al., appellants. (Index No. 55923/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 7, 2021. Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that it is meritless and on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated March 30, 2022, the branch of the cross-motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and the motion and cross-motion were otherwise denied. The appellants have not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

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

ORDERED that the branch of the cross-motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is denied as academic.

CONNOLLY, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court