Appellate Division: Second Judicial Department

M108929

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-02741, 2010-01605 In the Matter of Marvin Pollack, appellant; State of New York, et al., respondents. (Index No. 80-01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Orange County, dated December 22, 2008 (Appellate Division Docket No. 2009-02741), and October 9, 2009 (Appellate Division Docket No. 2010-01605), respectively, for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated April 23, 2010, which dismissed the appeal from the order dated October 9, 2009, and determined his motions and application in connection with the appeal from the order dated December 22, 2008. By order to show cause dated June 29, 2010, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal from the order dated December 22, 2008 (Appellate Division Docket No. 2009-02741), on the ground that the appeal had been rendered academic by an order of the Supreme Court, Orange County, dated May 6, 2010, and the motion was held in abeyance in the interim. Separate motion by the appellant, in effect, to recall and vacate the decision and order on motion of this court dated April 23, 2010, reinstate the appeal from the order dated October 9, 2009, and consolidate that appeal with the appeal from the order dated December 22, 2008.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motions and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated December 22, 2008 (Appellate Division Docket No. 2009-02741), is granted and that appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the appellant's motion for leave to appeal to the Court of Appeals from the decision and order on motion dated April 23, 2010, is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to recall and vacate the decision and order on motion of this court dated April 23, 2010, and reinstate the appeal from the order dated October 9, 2009, (Appellate Division Docket No. 2010-01605), is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to consolidate the appeals is denied as academic.

RIVERA, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court