| Russian Orthodox Convent "novo-diveevo", Inc. v Sister Maria (lydia) Sukharevskaya |
| Motion No: 2006-01441 ROC |
| Slip Opinion No: 2006 NYSlipOp 80998(U) |
| Decided on November 30, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE RUSSIAN ORTHODOX CONVENT "NOVO-DIVEEVO", INC., Respondent, -against- SISTER MARIA (LYDIA) SUKHAREVSKAYA, Appellant. |
DECISION
That branch of the motion by appellant to consolidate appeals is granted to the extent that appeals from the final judgment dated June 1, 2006 and from the order dated August 8, 2006, are hereby consolidated.
That branch of the motion to stay enforcement of the final judgment of June 1, 2006, is granted and enforcement of the final judgment of June 1, 2006 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 2, 2007.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
The appeal taken from the order dated May 18, 2006, granting landlord summary judgment is dismissed since no appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the intermediate order are brought up for review on the appeal from the judgment (see CPLR 5501[a][1]).