Appellate Division: Second Judicial Department

M301430

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LILLIAN WAN

PHILLIP HOM, JJ.

2023-02869 Dana Jacobson, appellant, v Jeffrey Mica Jacobson, respondent. (Index No. 50842/2021)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Westchester County, dated February 28, 2023. By order to show cause dated October 30, 2024, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies a from decision. Motion by the respondent to strike the record and appellant's brief on the ground that they contain and refer to matter dehors the record and for an award of attorney's fees or, in the alternative, to extend the time to serve and file a brief.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition and relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion by the respondent is denied as academic.

DILLON, J.P., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court