| Gallardo v 750 North Broadway LLC |
| Motion No: 2023-09057 |
| Slip Opinion No: 2024 NY Slip Op 74812(U) |
| Decided on September 20, 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
M299356
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2023-09057 Eulacio Gallardo, appellant, v 750 North Broadway LLC, et al., respondents. (Index No. 51087/2021)
| DECISION & ORDER ON MOTION |
2023-09059
Eulacio Gallardo, appellant, v 750 North
Broadway LLC, et al., respondents.
(Index No. 51087/2021)
Appeals from two orders of the Supreme Court, Westchester County, dated August 1, 2023, and March 28, 2023, respectively. Motion by the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC to dismiss the appeal from the order dated August 1, 2023, insofar as taken against them on the ground that the appellant is not aggrieved, and to dismiss the appeal from the order dated March 28, 2023, on the ground that the appeal was untimely taken. Application by the appellant, in effect, to withdraw the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the application by the appellant, in effect, to withdraw the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC, is granted, and the appeal from the order dated August 1, 2023, is deemed withdrawn insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC is denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 28, 2023, is granted, and the appeal from the order dated March 28, 2023, is dismissed, without costs or disbursements (see CPLR 5513).
BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court