Appellate Division: Second Judicial Department

M242377

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2017-02223 Jorge Sarmiento, et al., plaintiffs-respondents, v Russell J. Bonker, et al., appellants, Tomy V. Joseph, defendant-respondent. (Index No. 65849/16)

DECISION & ORDER ON MOTION

2017-08849, 2017-12119

Jorge Sarmiento, et al., plaintiffs-respondents,

v Russell J. Bonker, et al., appellants, Tomy

V. Joseph, defendant-respondent.

(Index No. 65849/16)

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Westchester County, dated January 23, 2017, and July 11, 2017, respectively. Cross motion by the defendant-respondent to dismiss the appeal from the order dated July 11, 2017, on the ground that the right of direct appeal from that order terminated upon entry of a judgment in the above-entitled action on August 7, 2017.

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

ORDERED that on the Court's own motion, the notice of appeal from the order dated July 11, 2017, is deemed also to be a notice of appeal from the judgment entered August 7, 2017 (see CPLR 5501[c]); and it is further,

ORDERED that the motion is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal from the order dated July 11, 2017, for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order dated January 23, 2017, is enlarged until January 19, 2018.

BALKIN, J.P., HALL, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court