Appellate Division: Second Judicial Department

M203886

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2015-11155, 2015-11156, 2015-11862 Sherri A. Novick, respondent, v Daniel Novick, appellant. (Index No. 202193/14)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, dated September 24, 2015, October 1, 2015, and October 27, 2015, respectively, inter alia, to stay enforcement of stated portions of the orders dated September 24, 2015, and October 27, 2015, pending hearing and determination of the appeals and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated September 24, 2015, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the orders dated October 1, 2015, and October 27, 2015, as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]), and that branch of the motion is otherwise denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court