Appellate Division: Second Judicial Department

M47751

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-03543, 2006-07470, 2006-08654, 2006-08981 Raymond Powers, respondent, v Catherine Wilson, appellant. (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from three orders of the Supreme Court, Westchester County, dated June 29, 2005 (Appellate Division Docket No. 2005-07470), February 23, 2006 (Appellate Division Docket No. 2006-03543), and August 15, 2006 (Appellate Division Docket No. 2006-08654), respectively, and a judgment of the same court dated August 15, 2006 (Appellate Division Docket No. 2006-08981), to dismiss the appeals from the order dated August 15, 2006, and the judgment on the ground, inter alia, that the appeals are barred by the doctrine of Bray v Cox (38 NY2d 350). Separate motion by the respondent to dismiss the appeal from the order dated February 23, 2006, on the ground, inter alia, that the order was superseded by the judgment. Application by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this court dated April 4, 2006, entitled "In the Matter of Dismissal of Causes for Failure to Perfect- March 2006, Calendar," as dismissed the appeal from the order dated June 29, 2005.

Upon the papers filed in support of the motions and the application, and the papers filed in opposition or relation thereto, it is

ORDERED that the application is granted, and so much of the decision and order on motion of this court entitled "In the Matter of Dismissal of Causes for Failure to Perfect-March 2006, Calendar," as dismissed the appeal from the order dated June 29, 2005 (Appellate Division Docket No. 2005-07470), is recalled and vacated; and it is further,

ORDERED that on the court's own motion, the appeals from the orders dated June 29, 2005, and August 15, 2006 (Appellate Division Docket No. 2006-08654), respectively, are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the motion which is to dismiss the appeal from the order dated February 23, 2006 (Appellate Division Docket No. 2006-03543), on the ground, inter alia, that the order was superseded by the judgment is granted, and that appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that motion which is to dismiss the appeal from the order dated August 15, 2006, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is denied.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court