Opinion
Motion Nos. 2021-03908 2021-03909 2022-02797 Index No. 39825/2010
10-30-2023
Harry J. Ellis, etc., appellant, v. Town of East Hampton, New York, et al., respondents. Harry J. Ellis, etc., appellant, v. Town of East Hampton, New York, et al., respondents.
Unpublished Opinion
MOTION DECISION
M291889
FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, BARRY E. WARHIT, LILLIAN WAN, JJ.,
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Suffolk County, dated December 21, 2020, and April 16, 2021, respectively, and a judgment of the same court dated February 8, 2022. Motion by the respondents to dismiss the appeal from the order dated December 21, 2020, on the grounds that it has been vacated and the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment, or, in the alternative, to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 21, 2020, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further, ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.
CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.