Appellate Division: Second Judicial Department

M62285

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2007-06699, 2007-06700, 2007-08550, 2007-08551 In the Matter of Devorah Hirsch, respondent, v Ephrayim Hirsch, appellant. (Docket No. F-01639-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of four orders of the Family Court, Rockland County, all entered June 19, 2007, pending hearing and determination of appeals therefrom, and to consolidate the appeals. Cross motion by the respondent, inter alia, to dismiss the appeals and to impose a sanction upon the appellant and his attorney. By order to show cause dated October 3, 2007, the parties, or their attorneys, were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeals on the ground that the appellant absconded and was no longer available to obey the mandate of this court (see Matter of Gerald G.G., 46 NY2d 1036), and the motion and cross motion are held in abeyance in the interim

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

ORDERED that the motion to dismiss the appeals on the ground that the appellant absconded and was no longer available to obey the mandate of this court is granted, and the appeals are dismissed (see Matter of Gerald G.G., 46 NY2d 1036), without costs or disbursements; and it is further,

ORDERED that the appellant's motion and respondent's cross motion are denied as academic.

MILLER, J.P., RITTER, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court