Appellate Division: Second Judicial Department

M310019

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-10318 Peter A. Marasco, etc., appellant, et al., plaintiffs, v ExxonMobil Oil Corporation, etc., et al., defendants; George S. Bellantoni, nonparty-respondent. (Index No. 54362/2013)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Westchester County, dated June 30, 2023. Motion by the appellant to extend the time to perfect the appeal. By order to show cause dated September 24, 2025, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that the appellant is not aggrieved, and/or on the ground that no appeal lies from a decision and the motion by the appellant 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 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, Schicchi v J.A. Green Constr. Co., 100 AD2d 509), without costs or disbursements; and it is further,

ORDERED that the motion by the appellant is denied as academic.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court