Josephson v Oxford Health Insurance, Inc.
Motion No: 2014-10313
Slip Opinion No: 2016 NY Slip Op 83720(U)
Decided on August 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M217021

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2014-10313, 2015-01707, 2016-07747,

2016-07748

Jordan S. Josephson, etc., et al., respondents,

v Oxford Health Insurance, Inc., et al.,

appellants.

(Index No. 443/07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Nassau County, dated August 26, 2014, and December 2, 2014, respectively, on the ground that the right of direct appeal therefrom terminated upon entry of judgment in the above-entitled action on June 27, 2016, or to consolidate the appeals from the orders with appeals from the judgment and an order of the same court dated May 3, 2016, or to calendar the appeals together.

Upon the papers filed in support of the 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 August 26, 2014 and December 2, 2014, is 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 motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted and the appeals will be argued or submitted on the same date.

DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court