Opinion
Motion No: 2011-08096 2011-11029 2011-11080 2011-11081 Index No. 13143/08 M134215
03-05-2012
In the Matter of Affordable Housing Construction, LLC, appellant, v. Town of Monroe, et al., respondents.
, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Orange County, dated July 13, 2011, and September 26, 2011, and two judgments of the same court dated October 11, 2011, and October 19, 2011, respectively, and, in effect, to enlarge the time to perfect the appeal from the order dated July 13, 2011. Cross motion by the respondents County of Orange, John I. McCarey, and Real Property Tax Service Agency for Orange County to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgments.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and in relation thereto, it is
ORDERED that the cross motion is granted, and the appeals from the orders (Appellate Division Docket No. 2011-08096 and 2011-11029) are dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the judgments is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court