Appellate Division: Second Judicial Department

M249762

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-04053 HPHD Investors Group, LLC, plaintiff-respondent, v John Ioannou, et al., defendants-respondents, et al., defendants; Lester & Associates P.C., nonparty-appellant. (Index No. 12146/13)

DECISION & ORDER ON MOTION

2018-04055

HPHD Investors Group, LLC, plaintiff-respondent,

v John Ioannou, et al., defendants-appellants, et al.,

defendants; Lester & Associates P.C.,

nonparty-appellant.

(Index No. 12146/13)

Motion by the defendants-appellants and the nonparty-appellant to stay enforcement of two orders of the Supreme Court, Nassau County, both entered March 15, 2018, pending hearing and determination of appeals therefrom, and to consolidate the appeals.

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 entered March 15, 2018, which determined Motion Sequence No. 10 (Appellate Division Docket No. 2018-04055), is dismissed, without costs or disbursements, on the grounds that Lester & Associates P.C., is not aggrieved by that order (see CPLR 5511) and no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.

RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court