Appellate Division: Second Judicial Department

M306578

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2021-06694, 2021-08838, 2022-04594 Shahin Guliyev, appellant, v David Han, et al., respondents. (Appeal No. 1) Shahin Guliyev, et al., appellants, v David Han, et al., respondents. (Appeal Nos. 2 and 3) (Index No. 515757/2016)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 30, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from three orders of the Supreme Court, Kings County, dated August 16, 2021, November 8, 2021, and June 2, 2022, respectively. By order to show cause dated April 18, 2025, the appellant Shahin Guliyev was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated November 8, 2021, on the ground that he is not aggrieved (see CPLR 5511). Application by Law Offices of William Pager, in effect, to amend the notice of appeal from the order dated November 8, 2021, to reflect that Law Offices of William Pager is an appellant on the appeal from the order dated November 8, 2021, and to amend the caption accordingly.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated November 8, 2021, on the ground that the appellant Shahin Guliyev is not aggrieved is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the notice of appeal from the order dated November 8, 2021, is deemed to reflect that Law Offices of William Pager is an appealing party on the appeal from the order dated November 8, 2021 (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated June 2, 2022, is deemed to reflect that Law Offices of William Pager is an appealing party on the appeal from the order dated June 2, 2022 (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly.

IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court