Appellate Division: Second Judicial Department

M310423

ID/

FRANCESCA E. CONNOLLY, J.P.

LOURDES M. VENTURA

PHILLIP HOM

SUSAN QUIRK, JJ.

2024-07826 Alma Martini, respondent, v Maizar Samman, appellant. (Index No. 700992/2022)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Queens County, dated August 7, 2024. Motion by the appellant to stay enforcement of the decision and order, pending hearing and determination of the appeal. By order to show cause dated July 14, 2025, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) or, in the alternative, that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701) and leave to appeal has not been granted, and the appellant's motion was held in abeyance in the interim. Application by the appellant, in effect, for leave to appeal to this Court from the decision and order.

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

ORDERED that the application is denied; and it is further

ORDERED that motion to dismiss the appeal is granted and the appeal is dismissed without costs or disbursements; and it is further,

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

CONNOLLY, J.P., VENTURA, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court