Appellate Division: Second Judicial Department

M310620

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2024-09787 Board of Managers of 62 Box Street Condominium, et al., respondents, v 62 Box Street LLC, et al., appellants, et al., defendants. (Index No. 533007/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 21, 2024. Motion by the appellants to extend the time to perfect the appeal. By order to show cause dated October 20, 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Court why an order should or should not be made and entered dismissing the appeal on the ground that the order has been superseded by an order of the same court, dated January 14, 2025, and/or that no appeal lies as of right from an order that is not the result of a motion made on notice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 motion was 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 and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss appeal on the ground that the order has been superseded by an order of the same court, dated January 14, 2025, is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motions are otherwise denied as academic.

DUFFY, J.P., WOOTEN, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court