Appellate Division: Second Judicial Department

M220791

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-07843, 2015-00098 Andrea Minsky, etc., appellant-respondent, v Eugene Haber, et al., respondents-appellants, et al., defendants. (Index No. 17029/08)

DECISION & ORDER ON MOTION

Motion by Eugene Haber, Edward Corbert, Amy Cobert, and Cobert, Haber & Haberon on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated May 31, 2013, and an appeal from a judgment of the same court dated September 12, 2014, to dismiss the appeal from the order dated May 31, 2013, on the ground that the right of direct appeal from that order terminated with entry of the judgment dated September 12, 2014, and, upon dismissal of the appeal, for leave to withdraw their cross appeal from the order dated May 31, 2013. By decision and order on motion dated February 4, 2016, this Court directed that within 60 days after the Supreme Court, Nassau County, determines the appellant-respondent's motion to vacate the judgment dated September 12, 2014, the appellant-respondent should either withdraw her appeal from the judgment, if the judgment was vacated, or, if the judgment was not vacated, the appellant-respondent shall move to consolidate the appeal from the order dated May 31, 2013, with the appeal from the judgment and to deem the brief filed in connection with the appeal from the order dated May 31, 2013, to be filed in connection with the appeal from the judgment to the extent that the judgment brings up for review the order dated May 31, 2013. The motion was held in abeyance pending determination by the Supreme Court, Nassau County, of the motion to vacate the judgment. By order to show cause dated August 17, 2016, the parties were directed to show cause why an order should or should not be entered dismissing the appeal from the order dated May 31, 2013.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated May 31, 2013, is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

 ORDERED that the branch of the motion by Eugene Haber, Edward Corbert, Amy Cobert, and Cobert, Haber & Haberon, to withdraw the cross appeal from the order dated May 31, 2013, is granted and the cross appeal is deemed withdrawn; and it is further,

ORDERED that on the Court's own motion, the appeal from the judgment dated September 12, 2014, is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion by Eugene Haber, Edward Corbert, Amy Cobert, and Cobert, Haber & Haberon is otherwise denied as academic.

DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court