Appellate Division: Second Judicial Department

M303394

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LAURENCE L. LOVE

JAMES P. MCCORMACK, JJ.

2023-09572 In the Matter of Kneses Israel of Sea-Gate, etc., et al., petitioners-respondents, v Moshe Fettman, etc., et al., respondents- respondents, United Talmudical Academy of Boro Park, appellant. (Index No. 516508/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 24, 2024. Motion by the respondents-respondents to dismiss the appeal on the ground that the appellant is not aggrieved by the order (see CPLR 5511). By order to show cause dated November 22, 2024, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and respondents-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 by the respondents-respondents and the papers filed in opposition thereto, it is

ORDERED that the motion by this Court to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5701), without costs or disbursements; and it is further,

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

DILLON, J.P., CHRISTOPHER, LOVE and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court