Opinion
2022-61971 Motion 2020-04193 2021-02983 2021-03137
02-18-2022
Claire Pare, etc., appellant, et al., plaintiff, v. Paul Pare, et al., respondents, et al., defendants. Index No. 152003/2018
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., BETSY BARROS, JOSEPH J. MALTESE, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Richmond County, dated May 12, 2020, and April 6, 2021, respectively, and a judgment of the same court dated April 26, 2021. Motion by the respondents to dismiss the appeal from the order dated May 12, 2020, on the ground that it has been rendered academic. By order to show cause dated October 20, 2021, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated May 12, 2020, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment, and the respondents' motion was held in abeyance in the interim. Motion by the appellant, inter alia, to consolidate the appeal from the order dated May 12, 2020, with the appeals from the order April 6, 2021, and the judgment, or, in the alternative, to deem the record filed in connection with the appeal from the order dated May 12, 2020, to be deemed a supplemental record on the appeal from the order dated April 6, 2021, and the judgment.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondents' motion and the appellant's motion, and the papers filed in opposition thereto, it is
ORDERED that the respondents' motion and the motion to dismiss the appeal are 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 appellant's motion 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.
DILLON, J.P., BARROS, MALTESE and ZAYAS, JJ., concur.