Appellate Division: Second Judicial Department

M302940

AFA/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-07334 Elena Tulloch, et al., appellants, v Mobarek Barka, et al., respondents. (Index No. 513310/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 16, 2023. Motion by the respondents to strike stated portions of the appendix and appellants' brief on the ground that they contain and refer to matter dehors the record, and to extend the time to serve and file a brief. By order to show cause dated October 16, 2024, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from an order entered upon the default of the appealing parties, and the respondents' motion was held in abeyance in the interim.

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

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5511), without costs or disbursements; and it is further,

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

GENOVESI, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court