Appellate Division: Second Judicial Department

M134215

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-08096, 2011-11029, 2011-11080, 2011-11081 In the Matter of Affordable Housing Construction, LLC, appellant, v Town of Monroe, et al., respondents. (Index No. 13143/08)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Orange County, dated July 13, 2011, and September 26, 2011, and two judgments of the same court dated October 11, 2011, and October 19, 2011, respectively, and, in effect, to enlarge the time to perfect the appeal from the order dated July 13, 2011. Cross motion by the respondents County of Orange, John I. McCarey, and Real Property Tax Service Agency for Orange County to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgments.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and in relation thereto, it is

ORDERED that the cross motion is granted, and the appeals from the orders (Appellate Division Docket No. 2011-08096 and 2011-11029) are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the judgments is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court