Appellate Division: Second Judicial Department

M206563

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2015-07051 Michael J. Meyer, etc., plaintiff-respondent, et al., plaintiffs, v 148 South Emerson Associates, LLC, defendant, Drew Doscher, appellant. (Index No. 68379/14)

DECISION & ORDER ON MOTION

2015-07159

Michael J, Meyer, etc., et al., plaintiffs,

v 148 South Emerson Associates, LLC,

defendant, Drew Doscher, appellant;

Charles C. Russo, nonparty-respondent.

(Index No. 68379/14)

2015-07160, 2015-07164

Michael Meagher, etc., et al., plaintiffs,

v Drew Doscher, appellant, et al., defendant;

Charles C. Russo, nonparty-respondent.

(Action No. 1)

Michael J. Meyer, etc., et al., plaintiffs,

v 148 South Emerson Associates, LLC,

defendant, Drew Doscher, appellant;

Charles C. Russo, nonparty-respondent.

(Action No. 2)

(Index Nos. 6807/14, 68379/14)

Motion by Michael J. Meyer, Michael Meagher, Steven Smith, and 148 South Emerson Associates, LLC, to dismiss appeals from four orders of the Supreme Court, Suffolk County, dated March 13, 2015, May 11, 2015, May 13, 2015, and July 8, 2015, respectively, "for failure to comply with CPLR 5511 and 5701, and applicable law." Cross motion by Drew Doscher, inter alia, to stay Charles C. Russo, 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, for an award of an attorney's fee and costs, and to disqualify counsel for Michael J. Meyer, Michael Meagher, Steven Smith, and 148 South Emerson Associates, LLC.

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 appeals from the orders dated May 11, 2015, and May 13, 2015, is granted (see CPLR 5701, 5704), and those appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated July 8, 2015, and the branch of the cross motion which is for leave to appeal from that order are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is for leave to appeal from the order dated March 13, 2015, is denied as unnecessary as that order is appealable as of right (see CPLR 5701[a][2]); and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court