Appellate Division: Second Judicial Department

M157334

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2013-05051, 2013-05053, 2013-05054 Stephen S. Vaccaro, respondent, v Maura E. Lynch, appellant. (Index No. 38437/10)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to consolidate appeals from a decision of the Supreme Court, Suffolk County, dated March 15, 2013, and two orders of the same court dated March 11, 2013, and May 3, 2013, respectively, and to stay the sale of certain real property located in Sag Harbor, New York, and Miami Beach, Florida, pending hearing and determination of the appeals.

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

ORDERED that on the Court's own motion, the appeal from the decision dated March 15, 2013 (Appellate Division Docket No. 2013-05054), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic with respect to the appeal from the decision and denied as unnecessary with respect to the orders as those 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.

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court