| Minsky v Haber |
| Motion No: 2013-07843 |
| Slip Opinion No: 2016 NY Slip Op 63189(U) |
| Decided on February 4, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M203408
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2013-07843, 2015-00098, 2015-00099 Andrea Minsky, etc., appellant-respondent, v Eugene Haber, et al., respondents-appellants, et al., defendants.
(Index No. 17029/08)
| DECISION & ORDER ON MOTION |
Motion by Eugene Haber, Edward Corbert, Amy Cobert, and Cobert, Haber & Haberon on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated May 31, 2013, and appeals from a judgment of the same court dated September 12, 2014, and an order of the same court dated September 2, 2014, to dismiss the appeal from the order dated May 31, 2013, on the ground that the right of direct appeal from that order terminated with entry of the judgment dated September 12, 2014, and, upon dismissal of the appeal, for leave to withdraw their cross appeal from the order dated May 31, 2013.
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 order dated September 2, 2014, 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 we decline to grant leave to appeal; and it is further,
ORDERED that within 60 days after the Supreme Court, Nassau County, determines the appellant-respondent's motion to vacate the judgment dated September 12, 2014, the appellant-respondent shall either withdraw her appeal from the judgment, if the judgment is vacated, or, if the judgment is not vacated, the appellant-respondent shall move to consolidate the appeal from the order dated May 31, 2013, with the appeal from the judgment and to deem the brief filed in connection with the appeal from the order dated May 31, 2013, to be filed in connection with the appeal from the judgment to the extent that the judgment brings up for review the order dated May 31, 2013; and it is further,
ORDERED that the motion is held in abeyance pending determination by the Supreme Court, Nassau County, of the motion to vacate the judgment.
DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court