Appellate Division: Second Judicial Department

M251344

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2015-02601 Nikolaos Kanterakis, appellant, v Emily Kanterakis, respondent. (Index No. 200615/12)

DECISION & ORDER ON MOTION

2015-12372

Nikolaos Kanterakis, appellant,

v Emily Kanterakis, defendant-respondent;

Salvatore A. Lecci, nonparty-respondent.

(Index No. 200615/12)

2016-10204

Nikolaos Kanterakis, respondent-appellant,

v Emily Kanterakis, defendant-appellant-respondent;

Salvatore A. Lecci, nonparty-appellant-respondent.

(Index No. 200615/12)

Appeal by Nikolaos Kanterakis from an order of the Supreme Court, Nassau County, dated March 12, 2015. Separate appeal by Nikolaos Kanterakis, by permission, from so much of a decision and order (one paper) of the Supreme Court, Nassau County, dated November 13, 2015, as directed him to pay counsel fees to Emily Kanterakis in the sum of $45,000. Separate appeals by Emily Kanterakis and Salvatore A. Lecci, and cross appeal by Nikolaos Kanterakis from a judgment of the Supreme Court, Nassau County, entered July 12, 2016. By order to show cause dated February 23, 2018, as amended May 10, 2018, inter alia, the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from the order dated March 12, 2015, on the grounds 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, that any right of direct appeal from the order terminated upon entry of the judgment entered July 12, 2016, or that the appeal has been rendered academic upon entry of the judgment entered July 12, 2016, (2) dismissing the appeal from the decision and order dated November 13, 2015, on the ground that any right to appeal from the order terminated upon entry of the judgment entered July 12, 2016, and (3) dismissing the appeals from the judgment entered July 12, 2016, for failure to timely perfect in accordance with the rules and prior decision and order on motion of this Court dated October 3, 2017. Motion by Nikolaos Kanterakis to consolidate the appeal from the decision and order dated November 13, 2015, with the appeals and cross appeal from the judgment, to deem the record and briefs filed in connection with the appeal from the decision and order dated November 13, 2015, to be the record and briefs on the appeals and cross appeal from the judgment, and for leave to serve and file a supplemental record.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by Nikolaos Kanterakis and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals by Emily Kanterakis and Salvatore A. Lecci from the judgment entered July 12, 2016, for failure to timely perfect is granted, and those appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion by Nikolaos Kanterakis is granted to the extent that the appeal by Nikolaos Kanterakis from the judgment entered July 12, 2016, is consolidated with the appeal from the decision and order dated November 13, 2015, and on or before July 6, 2018, Nikolaos Kanterakis shall serve and file a supplemental record containing the judgment entered July 12, 2016, and the notice of appeal dated September 27, 2016, from the judgment, and the motion is otherwise denied; and it is further,

ORDERED that the branches of the motion which are to dismiss the appeal from the order dated March 12, 2015, and the the appeal from the decision and order dated November 13, 2015, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

MASTRO, J.P., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court