| Brower v Wissink |
| Motion No: 2026-00170 |
| Slip Opinion No: 2026 NY Slip Op 63527(U) |
| Decided on March 4, 2026 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M311628
ID/
FRANCESCA E. CONNOLLY, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
SUSAN QUIRK, JJ.
|
2026-00170, 2026-00172 Dana Brower, appellant, v David J. Wissink, et al., respondents. (Index No. 5833/2021)
| DECISION & ORDER ON MOTION |
Appeals from a decision of the Supreme Court, Orange County, dated December 1, 2025, and an amended order of the same court dated April 11, 2023. Motion by the respondents to dismiss the appeals on the ground that the notice appeal improperly seeks review of two orders, and to dismiss the appeal from the amended order on the ground that the appeal was untimely taken.
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 on the Court's own motion the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the amended order on the ground that the appeal was untimely taken is granted, and the appeal from the amended order is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motion is otherwise denied as academic.
CONNOLLY, J.P., DOWLING, TAYLOR and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court