Appellate Division: Second Judicial Department

M180829

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-10416, 2013-05283, 2014-08472 Hudson City Savings Bank, etc., appellant- respondent, v 98 Washington Avenue Realty, LLC, et al., defendants, Ralph Ippolito, et al., respondents-appellants, GDG Holding Corporation, respondent. (Appeal Nos. 1, 2) Hudson City Savings Bank, etc., appellant, v 98 Washington Avenue Realty, LLC, et al., defendants, Ralph Ippolito, et al., respondents. (Appeal No. 3) (Index No. 09-16929)

DECISION & ORDER ON MOTION

Motion by Ralph Ippolito and Ada Ippolito on an appeal and cross appeals from an order of the Supreme Court, Westchester County, entered September 4, 2012, an appeal from a judgment of the same court dated March 13, 2013, and an appeal from a judgment of the same court dated May 1, 2014, to dismiss the appeals from the order entered September 4, 2012, and judgment dated March 13, 2013, on the ground that the right of direct appeal terminated upon entry of the judgment dated May 1, 2014, or, in the alternative, to consolidate the appeals and cross appeals, and for an expedited briefing schedule and a preference in the calendaring of the appeal from the judgment dated May 1, 2014.

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

ORDERED that the branch of the motion which is to dismiss the appeals from the order entered September 4, 2012, and the judgment dated March 13, 2013, is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeals is denied; and it is further,

ORDERED that the branch of the motion which is for an expedited briefing schedule is granted to the extent that Hudson City Savings Bank shall perfect its appeal from the judgment dated May 1, 2014, on or before March 2, 2015, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is a preference in the calendaring of the appeal from the judgment dated May 1, 2014, is granted and the appeal from the judgment dated May 1, 2014, will be calendared after all of the briefs have been filed; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day.

LEVENTHAL, J.P., DICKERSON, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court