Appellate Division: Second Judicial Department

M47199

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-06524, 2006-06685 Benhope Marlon Munroe, et al., respondents, v Gopal Burgher, appellant, et al., defendants. (Index No. 21789/05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered April 27, 2006, and June 13, 2006, respectively, to stay enforcement of the order entered June 13, 2006, pending hearing and determination of the appeals, and cross motion by the respondents to dismiss the appeals on the ground that the orders have been superseded by a judgment of the same court dated July 26, 2006, and that the appellant has failed to appeal from the judgment, and to impose a sanction against the appellant.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders is granted, the appeals from the orders entered April 27, 2006, and June 13, 2006, are dismissed, without costs or disbursements, as those orders were superseded by the judgment dated July 26, 2006, and no appeal has been taken from the judgment (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the motion is denied as academic; and it is further,

ORDERED that the branch of the cross motion which is to impose a sanction is denied.

KRAUSMAN, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court