Appellate Division: Second Judicial Department

M301406

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

JANICE A. TAYLOR

LAURENCE L. LOVE, JJ.

2024-04496, 2024-04497 Audrey Humes, et al., appellants, v David L. Robinson, et al., respondents; Keith Elrington, Jr., nonparty-appellant. (Appeal No. 1) Audrey Humes, et al., appellants, v David L. Robinson, et al., respondents. (Appeal No. 2) (Index No. 523196/2021)

DECISION & ORDER ON MOTION

2024-06618, 2024-06622

Audrey Humes, et al., plaintiffs, v David

L. Robinson, et al., respondents;

Keith Elrington, Jr., nonparty-appellant.

(Index No. 523196/2021)

Appeals from four orders of the Supreme Court, Kings County, dated January 3, 2024, March 12, 2024, May 9, 2024, and May 17, 2024, respectively. The appeals insofar as taken by the appellants Audrey Humes and Keith Elrington from the orders dated January 3, 2024, and March 12, 2024, respectively, have been deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated October 21, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken by the nonparty-appellant Keith Elrington, Jr., from the order dated January 3, 2024, and dismissing the appeals from the orders dated May 9, 2024, and May 17, 2024, in the above-entitled action on the ground that the nonparty-appellant Keith Elrington, Jr., is not aggrieved (see CPLR 5511).

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 insofar as taken by the nonparty-appellant Keith Elrington, Jr., from the order dated January 3, 2024, and the appeals from the orders dated May 9, 2024, and May 17, 2024, are dismissed, without costs or disbursements.

CHAMBERS, J.P., FORD, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court