Appellate Division: Second Judicial Department

M252734

E/sl

JEFFREY A. COHEN, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-06274 Chaim Miller, et al., appellants, v Joseph Brunner, et al., respondents, et al., defendants. (Index No. 509929/18)

DECISION & ORDER ON MOTION

2018-06276

Chaim Miller, et al., appellants,

v Joseph Brunner, et al., respondents,

et al., defendant.

(Index No. 509929/18)

2018-06277

Chaim Miller, et al., appellants,

v Joseph Brunner, et al., respondents,

et al., defendant.

(Index No. 509929/18)

Motion by Chaim Miller and 49 Dupont Lofts, LLC, inter alia, for leave to appeal to this Court from three orders of the Supreme Court, Kings County, two dated May 16, 2018, and one dated May 29, 2018, to stay enforcement of the orders, pending hearing and determination of the appeals, 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 the branch of the motion which is for leave to appeal is denied with respect to the two orders dated May 16, 2018, and denied as unnecessary with respect to the order dated May 29, 2018, as that order is appealable as of right; and it is further,

ORDERED that on the Court's own motion, the appeals from the two orders dated May 16, 2018, purportedly taken as of right are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

COHEN, J.P., DUFFY, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court