Appellate Division: Second Judicial Department

M257517

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2018-03041, 2018-03042 GMAT Legal Title Trust 2013-1, respondent, v Real Estate Defect Specialists, Ltd., appellant, et al., defendants. (Index No. 68959/14)

DECISION & ORDER ON MOTION

2018-10708

GMAT Legal Title Trust 2013-1, etc., respondent,

v Real Estate Defect Specialists, Ltd., appellant,

et al., defendants.

(Index No. 68959/14)

2018-11104

GMAT Legal Title Trust 2013-1, etc., respondent,

v Real Estate Defect Specialists, Ltd., appellant,

et al., defendants.

(Index No. 68959/14)

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Suffolk County, two dated May 1, 2017, and one dated July 27, 2018, and an order and judgment (one paper) of the same court entered August 9, 2018, to enlarge the time to perfect the appeals from the orders dated May 1, 2017, 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 order and 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 order and judgment; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the motion is otherwise denied.

AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court