Appellate Division: Second Judicial Department

M39199

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-05058, 2006-00049, 2006-00903, 2006-02331 Ilias Lelekakis, et al., etc., respondent-appellant v Stanley Kamamis, et al., appellants-respondents. (Index No. 28566/01)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on appeals from (1) an order of the Supreme Court, Queens County, dated May 20, 2005 (Appellate Division Docket No. 2005-05058), (2) a judgment of the same court entered August 15, 2005 (Appellate Division Docket No. 2006-00903), (3) an order of the same court dated October 18, 2005 (Appellate Division Docket No. 2006-00049), and (4) an order of the same court dated December 16, 2005 (Appellate Division Docket No. 2006-02331), to stay all proceedings in the above-entitled action, and any related summary proceedings pending in the Civil Court, Queens County, pending hearing and determination of the appeal and cross appeal from the judgment entered August 15, 2005, and, in effect, to consolidate the appeals.

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 from the order dated December 16, 2005, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated May 20, 2005, is dismissed, without costs or disbursements, as that order was superseded by the judgment entered August 15, 2005 (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the branch of the motion which is to consolidate the remaining appeals is denied as unnecessary as those appeals can be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court