Appellate Division: Second Judicial Department

M200028

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-08353, 2015-08354, 2015-08355, 2015-08356, 2015-08357, 2015-09075, 2015-09076, 2015-09077, 2015-09078 Sheila Bottini, appellant, v Anthony R. Bottini, Jr., respondent. (Index No. 3222/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from seven orders of the Supreme Court, Dutchess County, dated February 23, 2015, March 18, 2015, June 8, 2015, June 29, 2015, April 27, 2015, May 28, 2015, and May 29, 2015, respectively, and two decisions of the same court dated March 25, 2015, and April 1, 2015, respectively, and to consolidate 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 appeals from the decisions (Appellate Division Docket Nos. 2015-08355 and 2015-09075) are 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 on the Court's own motion, the appeal from the order dated March 18, 2015 (Appellate Division Docket No. 2015-08354), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the branch of the motion which is to stay the trial is denied; 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 appeals that are dismissed and otherwise denied as unnecessary as the remaining appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

RIVERA, J.P., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court