| 33 North Elliott Place Condominium v 31 N Elliott Pl Residency, LLC |
| Motion No: 2024-11595 |
| Slip Opinion No: 2026 NY Slip Op 64624(U) |
| Decided on March 20, 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
M312061
ID/
LARA J. GENOVESI, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
DONNA-MARIE E. GOLIA, JJ.
|
2024-11595 33 North Elliott Place Condominium, respondent, v 31 N. Elliott Pl Residency, LLC, et al., appellants, et al., defendants. (Index No. 506784/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 7, 2024. Motion by the appellants to extend the time to perfect the appeal. By order to show cause dated January 9, 2026, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party and the motion by the appellants 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 the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion by the appellant is denied as academic.
GENOVESI, J.P., FORD, VOUTSINAS and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court