Appellate Division: Second Judicial Department

M229671

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2016-12267, 2016-12268, 2016-12269 Reverse Mortgage Solutions, Inc., respondent, v Norma J. Schlageter, as executrix of the estate of Shirley A. Gee, et al., defendants; Todd W. Berry, nonparty-appellant. (Index No. 7076/10)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay his eviction from the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Dutchess County, dated June 15, 2016, and September 3, 2016, respectively, and a judgment of the same court also dated June 15, 2016.

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

ORDERED that on the Court's own motion, the appeal from the order dated June 15, 2016 (Appellate Division Docket No. 2016-12267), is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment also dated June 15, 2016, in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated September 3, 2016 (Appellate Division Docket No. 2016-12269), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court