Appellate Division: Second Judicial Department

M308748

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-06741 Deutsche Bank, respondent, v Ladwan Brown, et al., defendants; 10224 Avenue K LLC, nonparty-appellant. (Index No. 509512/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 17, 2023. Motion by the respondent to dismiss the appeal, in effect, on the ground that no appeal lies as of right from an order holding a motion in abeyance and leave to appeal has not been granted. By decision and order on motion of this Court dated March 27, 2024, the motion to dismiss the appeal, in effect, on the ground that no appeal lies as of right from an order holding a motion in abeyance was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Separate motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.

Upon the papers filed in support of the motion to dismiss the appeal, in effect, on the ground that no appeal lies as of right from an order holding a motion in abeyance and the papers filed in opposition thereto, and upon the papers filed in support of the motion to dismiss the appeal on the ground that it has been rendered academic and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that it has been rendered academic is granted, and the appeal is dismissed, without costs and disbursements; and it is further,

ORDERED that the motion to dismiss the appeal, in effect, on the ground that no appeal lies as of right from an order holding a motion in abeyance is denied as academic.

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court