Appellate Division: Second Judicial Department

M43985

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

DANIEL F. LUCIANO, JJ.

2006-02537, 2006-02629 Aames Funding Corporation, d/b/a Aames Home Loan, etc., respondent, v Leonard W. Houston, appellant, et al., defendants. (Index No. 05-430)

DECISION & ORDER ON MOTION

Separate motions by the appellant pro se on appeals from two orders of the Supreme Court, Orange County, dated May 11, 2005, and February 22, 2006, (1) to stay enforcement of a judgment of the Supreme Court, Orange County, entered August 15, 2006, pending hearing and determination of appeals, (2) to consolidate the appeals, and (3) to enlarge the time to perfect 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on the court's own motion the appeals are dismissed, without costs or disbursements, as the orders on appeal have been superseded by the judgment entered August 15, 2006; the issues raised on the appeals from the orders may be brought up for review on an appeal from the judgment (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the motion which is to stay enforcement of the judgment is denied without prejudice to renewal if an appeal is taken from the judgment; and it is further,

ORDERED that the remaining motions are denied as academic.

MILLER, J.P., CRANE, RITTER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court