Appellate Division: Second Judicial Department

M255686

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-11740, 2016-01442 Theodore Granata, Jr., etc., et al., respondents, v City of White Plains, appellant. (Index No. 8308/07)

DECISION & ORDER ON MOTION

2018-09348

Theodore Granata, Jr., etc., et al., respondents,

v City of White Plains, appellant.

(Index No. 8308/07)

Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Westchester County, entered November 4, 2015, and a judgment of the same court entered December 23, 2015, which were determined by decision and order of this Court dated June 6, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the appellant for leave to appeal to this Court from an amended judgment of the same court dated June 26, 2018, and to consolidate that appeal with the appeals from the order and the judgment. Separate motion by the respondents to dismiss the appeal from the amended judgment pursuant to CPLR 5701(a)(1) on the ground that no appeal lies as of right from a judgment entered subsequent to an order of this Court which disposes of all of the issues in the action.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motions are denied; and it is further,

ORDERED that the respondent's motion is granted and the appeal from the amended judgment is dismissed, without costs or disbursements (see CPLR 5701[a][1]).

BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court