Appellate Division: Second Judicial Department

M257254

E/sl

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2018-11281, 2018-11282 Jonathan Landow, plaintiff-respondent, v Tracy Landow, defendant-respondent; Bronte SPV, LLC, nonparty-appellant- respondent; Sanford F. Young, PC, nonparty- respondent-appellant. (Index No. 202698/11)

DECISION & ORDER ON MOTION

2018-11292

Jonathan Landow, plaintiff-respondent,

v Tracy Landow, defendant;

Bronte SPV, LLC, nonparty-respondent-

appellant; Sanford F. Young, PC, nonparty-

appellant-respondent.

(Index No. 202698/11)

Motion by Sanford F. Young, PC, inter alia, for leave to cross appeal from two orders of the Supreme Court, Nassau County, both dated September 14, 2018, and for leave to appeal from an order of the same court, dated August 7, 2018, to stay a distribution by the Nassau County Treasurer from money held in escrow in the above-entitled matter of the sum of $1,500,000 to a certain trust pending hearing and determination of the appeals and cross appeals from those orders, and to consolidate the appeals and cross appeals from those orders. Separate motion by Bronte SPV, LLC, for leave to appeal to this Court from the orders dated September 14, 2018, and to stay enforcement of the orders dated September 14, 2018, to the extent those orders authorize distribution of the distributive share of Jonathan Landow, which totals $3,100,000, by the Nassau County Treasurer from money held in escrow in the above-entitled matter, pending hearing and determination of the appeals and cross appeals from those orders.

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

ORDERED that the branches of the motions which are for leave to appeal and cross appeal from the orders dated September 14, 2018, are denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross appeals purportedly taken as of right from the orders dated September 14, 2018, are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motions which is for leave to appeal from the order dated August 7, 2018, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branches of the motion which are for a stay are granted to the extent that the Nassau County Treasurer is stayed from distributing any of the money held in escrow in the above-entitled matter, except for the sum of $128,673.50, payable to Kenneth J. Weinstein, P.C., pending hearing and determination of the appeal and cross appeal from the order dated August 7, 2018; and it is further,

ORDERED that the motions are otherwise denied as academic.

MASTRO, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court