Appellate Division: Second Judicial Department

M49880

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-00868 In the Matter of Christopher O. (Anonymous). Marie O. (Anonymous), et al., respondents; John G. S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jason O. (Anonymous). Marie O. (Anonymous), et al., respondents; John G. S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. A-01241-04, A-01242-04) 2006-11562 In the Matter of Christopher Robert T. (Anonymous). Leake & Watts Services, Inc., et al., respondents; John S. (Anonymous), appellant. (Docket No. B-9267/99) 2006-11864 In the Matter of Jason B. S. (Anonymous). Leake & Watts Services, Inc., et al., respondents; John S. (Anonymous), appellant. (Docket No. B-9266/99)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Queens County, dated October 25, 2002 (Appellate Division Docket No. 2006-11562). By decision and order on motion of this court dated December 28, 2006, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the appeal was untimely taken or that the issues to be raised on the appeal were rendered academic by a decision and order of this court dated March 31, 2003, which determined certain other appeals. Motion by John S. to consolidate the appeal from the order dated October 25, 2002 (Appellate Division Docket No. 2006-11562), with appeals from an order of the same court also dated October 25, 2002 (Appellate Division Docket Nos. 2006-11864), and an order of the same court dated January 12, 2006 (Appellate Division Docket Nos. 2006-00868). Cross motion by Leake & Watts Services, Inc., to dismiss the appeals from the orders dated October 25, 2002, on the ground that the appellant is not aggrieved by those orders.

Upon the order to show cause and the papers filed in response thereto, the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the cross motion and the papers filed in opposition thereto, it is,

ORDERED that the cross motion by Leake & Watts Services, Inc., to dismiss the appeals from the orders dated October 25, 2002 (Appellate Division Docket Nos. 2006-11562 and 2006-11864), is granted, and those appeals are dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the order to show cause to dismiss the appeal from the order dated October 25, 2002 (Appellate Division Docket Nos. 2006-11562), is denied as academic; and it is further,

ORDERED that the motion to consolidate the appeals is denied as academic.

CRANE, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court