Opinion
Motion No: 2011-06664 2011-06665 2011-06666 Index No. 100732/11 80057/11 M124108
08-08-2011
Konstantinos Tsoukas, etc., et al., respondents, v. Minas Tsoukas, et al., appellants. (Matter No. 1) In the Matter of Grecian Pools International Corp. Sotirios Tsoukas, appellant; v. Konstantinos Tsoukas, et al., respondents. (Matter No. 2)
, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants on an appeal by Sotirios Tsoukas from an order of the Supreme Court, Richmond County, dated June, 13, 2011, entered in Matter No. 2 (Appellate Division Docket No. 2011-06666), and appeals by the defendants in Matter No. 1 from two orders of the same court both dated June 13, 2011, entered in Matter No. 1, to stay all proceedings in Matter Nos. 1 and 2 pending hearing and determination of the appeals, to consolidate the appeals, for a preference in the calendaring of the appeals, and to allow Sotirios Tsoukas to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal in Matter No. 2, pending under Appellate Division Docket No. 2011-06666, is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[a][v]); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals in Matter Nos. 1 and 2 is denied as academic in light of the dismissal of the appeal in Matter No. 2, and is denied as unnecessary as to the appeals pending in Matter No. 1, as those 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.
ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court