Appellate Division: Second Judicial Department

M254038

E/mm

RUTH C. BALKIN, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-04618, 2018-04668 Torto Note Member, LLC, respondent, v Chaim Babad, et al., appellants. (Index No. 518494/17)

DECISION & ORDER ON MOTION

2018-06970

Torto Note Member, LLC, respondent,

v Chaim Babad, et al., appellants.

(Index No. 518494/17)

Motion by Chaim Babad and Chaim Miller for leave to appeal to this Court from two orders of the Supreme Court, Kings County, dated February 21, 2018, and May 23, 2018, and a judgment of the same court dated March 6, 2018, to stay enforcement of the orders and the judgment, 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 on the Court's own motion, the appeal from the order dated February 21, 2018, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from that order may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied as academic as to the order dated February 21, 2018, and denied as unnecessary as to the order dated May 23, 2018, and the judgment, as those papers are appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of the judgment is stayed pending hearing and determination of the appeals from the order dated May 23, 2018, and the judgment on condition that those papers are perfected on or before September 12, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 12, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic as to the order dated February 21, 2018, and denied as unnecessary as to the order dated May 23, 2018, and the judgment as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

BALKIN, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court