Appellate Division: Second Judicial Department

M257401

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2018-07822, 2018-07823, 2018-11917, 2018-11918 R & A Berzner, LLC, plaintiff-respondent, v Beachy Realty Corp., et al., appellants, et al., defendants; Robert Berzner, nonparty- respondent. (Index No. 606157/17)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and enforcement of a judgment of the Supreme Court, Nassau County, entered October 9, 2018, pending hearing and determination of appeals from the judgment and three orders of the same court dated May 9, 2018, May 18, 2018, and September 20, 2018, respectively, 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 appeals from the orders are 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 appeals from the orders 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 to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings and enforcement of the judgment is denied.

RIVERA, J.P., BALKIN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court