Appellate Division: Second Judicial Department

M212127

E/ct

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-07051, 2015-07052, 2015-07053 Michael J. Meyer, etc., et al., respondents, 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-

respondents, v 148 South Emerson Associates,

LLC, defendant, Drew Doscher, appellant;

Charles C. Russo, nonparty-respondent.

(Index No. 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, April 10, 2015, July 8, 2015, and July 14, 2015, respectively, for failure to timely perfect.

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 the motion is granted and the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that so much of a decision and order on motion of this Court dated March 2, 2016, as previously held in abeyance the branch of the movants' prior motion which was to dismiss the appeal from the order dated July 8, 2015, and the branch of the appellant's cross motion which was for leave to appeal from that order is recalled and vacated and those branches of the motion and cross motion are denied as academic.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court