Appellate Division: Second Judicial Department

M307371

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

PHILLIP HOM, JJ.

2022-01270 Town of Blooming Grove, etc., respondent, v Alan Simon, etc., et al., appellants. (Index No. 35668/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated February 15, 2022. By order to show cause dated May 23, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Rockland County, dated February 14, 2023, and the appellants' counsel, Harris Beach Murtha Cullina PLLC, and the respondent's counsel, Feerick Nugent MacCartney PLLC, were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem just and appropriate.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to impose sanctions and/or costs upon counsel is denied.

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

ENTER:

Darrell M. Joseph

Clerk of the Court