Appellate Division: Second Judicial Department

M308113

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

PHILLIP HOM

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-10454 Michael Kordonsky, etc., et al., respondents, v Alex Brudoley, et al., defendants; Oleg Smolyar, etc., nonparty-appellant. (Index No. 524563/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 6, 2024. Motion by the nonparty-appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Motion by the respondents to extend the time to serve and file a brief. By order to show cause dated June 23, 2025, 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 the nonparty-appellant is not aggrieved, and the motions were held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by the nonparty-appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondents and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5511); and it is further,

ORDERED that the motion by the nonparty-appellant and the motion by the respondents are denied as academic.

CONNOLLY, J.P., BRATHWAITE NELSON, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court