Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the merits of this appeal were previously adjudicated in a prior appeal (see Lew v Sobel, 192 A.D.3d 797); and it is further, ORDERED that the motions are denied as academic. BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.