Opinion
2021-75028 Motion 2020-00710 KC
11-18-2021
Merkos L' Inyonei Chinuch, Respondent, v. Congregation Lubavitch, Inc. ("CLI"), et al., Appellants, and Menachem Gerlitzky, individually and, in his capacity as Gabbai, and in his capacity as Trustee of CLI, and Yosef Losh, individually and, in his capacity as Gabbai, and in his capacity as Trustee of CLI, Respondent
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J. WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated April 25, 2020, to vacate a stay or, in the alternative, to modify an undertaking. Separate motion by appellants for leave to perfect the above-captioned appeal on a single combined record and brief with two separate appeals from the same decision (appeal No. 2020-709 K C and appeal No. 2020-711 K C).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for disposition; and it is further, ORDERED on the court's own motion, that the appeal is dismissed, as no appeal lies from a decision (see CCA 1702); and it is further, ORDERED that respondent's motion to vacate a stay or, in the alternative, to modify an undertaking is denied as moot; and it is further, ORDERED that appellant's motion for leave to perfect the above-captioned appeal on a single combined record and brief with two separate appeals from the same decision (appeal No. 2020-709 K C and appeal No. 2020-711 K C) is denied as moot.