Appellate Division: Second Judicial Department

M206300

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2014-05018 Luis Duran, et al., respondents, v Temple Beth Shalom, Inc., et al., appellants, et al., defendant. (Appeal No. 1) (Index No. 18173/10)

DECISION & ORDER ON MOTION

2015-04140, 2015-04141

Luis Duran, et al., appellants, v Temple

Beth Shalom, Inc., et al., respondents,

et al., defendant.

(Appeal Nos. 2 & 3)

(Index No. 18173/10)

Motion by Temple Beth Shalom, Inc., on appeals from two orders of the Supreme Court, Nassau County, dated March 28, 2014, and March 4, 2015, respectively, and a judgment of the same court entered March 17, 2015, to deem a notice of appeal filed by it under Appellate Division Docket No. 2014-05018, to be a notice of cross appeal from the judgment, to consolidate the appeals and cross appeal, and to enlarge the time to serve and file a brief on its cross appeal.

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 March 28, 2014, is dismissed, without costs or disbursements, on the ground that the right of direct appeal from that order terminated with the entry of the judgment on March 17, 2015 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal filed by Temple Beth Shalom, Inc., to be a notice of cross appeal from the judgment is denied on the ground that the movant is not aggrieved by the judgment which does not dispose of its cross claims; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court