Appellate Division: Second Judicial Department

M243213

E/rr

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2017-06219 Menachem Farro, etc., appellant-respondent, v Zalman Schochet, etc., et al., respondents- appellants. (Index No. 518007/16)

DECISION & ORDER ON MOTION

2017-10401

Menachem Farro, etc., respondent-appellant,

v Zalman Schochet, etc., et al., appellants-

respondents.

(Index No. 518007/16)

Motion by the respondents-appellants on appeals and cross appeals from two orders of the Supreme Court, Kings County, dated May 19, 2017, and August 18, 2017, respectively, to dismiss the appeal from the order dated May 19, 2017, on the ground that the order was superseded by the order dated August 18, 2017, or, in the alternative, to consolidate the appeals and cross appeals and set a briefing schedule.

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 branch of the motion which is to dismiss the appeal from the order dated May 19, 2017, is granted, and the appeal from the order dated May 19, 2017, is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that on the Court's own motion, the cross appeal from the order dated May 19, 2017, is dismissed, without costs or disbursements, on the ground that the order was superseded by the order dated August 18, 2017.

BALKIN, J.P., LEVENTHAL, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court