Appellate Division: Second Judicial Department

M206485

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2015-03195, 2015-06201, 2015-08803, 2015-08804, 2015-09769, 2015-09771, 2015-09772 Michael Meagher, et al., respondents, v Drew Doscher, appellant, et al., defendant. (Action No. 1) Michael J. Meyer, etc., plaintiff-respondent, et al., plaintiffs, v 148 South Emerson Associates, LLC, defendant, Drew Doscher, appellant; Charles C. Russo, etc., nonparty-respondent. (Action No. 2) (Index Nos. 60807/14, 68379/14, 608165/15, 605850/15)

DECISION & ORDER ON MOTION

Motion by the respondents/plaintiffs-respondents to dismiss appeals from six orders of the Supreme Court, Suffolk County, dated February 19, 2015, July 15, 2015, September 15, 2015, September 16, 2015, October 1, 2015 (two orders), respectively, and a decision of the same court dated July 22, 2015, "pursuant to CPLR 5511 and 5701," in effect, to dismiss the appeal from the decision on the ground that no appeal lies from a decision, and, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to stay the nonparty-respondent, the court-appointed receiver, "from [taking] any and all actions" and to stay all proceedings in the above-entitled actions, pending hearing and determination of the appeals, for leave to appeal to this Court from the orders and decision, for an award of an attorney's fee and costs, and to disqualify counsel for respondents/plaintiffs-respondents.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated July 15, 2015, is granted and that appeal is dismissed, without costs or disbursements (see CPLR 5701, 5511), and on or before March 16, 2016, the appellant shall remove pages 813 through 857 from the copies of the record filed with the Clerk of the Court and delete references to those pages in the table of contents; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated September 15, 2015, is granted and that appeal is dismissed, without costs or disbursements, as superseded by the order dated September 16, 2015; and it is further,

ORDERED that the branch of the motion which is, in effect, to dismiss the appeal from the decision on the ground that no appeal lies from a decision is granted and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and on or before March 16, 2016, the appellant shall remove pages 23 through 96, 858 through 1358, and 1358,1 through 1358.73 from the copies of the record filed with the Clerk of the Court and delete references to those pages in the table of contents; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondents/plaintiffs-respondents to serve and file a brief is granted, the time of the respondents/plaintiffs-respondents to serve and file a brief is enlarged until April 15, 2016, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court