Appellate Division: Second Judicial Department

M262200

E/mm

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-02369 Vanzo Wholesale Food Equipment, Inc., respondent, v Cakor Restaurant, Inc., appellant. (Index No. 3016/17)

DECISION & ORDER ON MOTION

2019-02371

Vanzo Wholesale Food Equipment, Inc.,

respondent, v Cakor Restaurant, Inc., appellant.

(Index No. 3016/17)

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Orange County, dated March 1, 2019, pending hearing and determination of appeals from the judgment and an order of the same court dated February 25, 2019, 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 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 the order may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the motion is granted to the extent that enforcement of the judgment is stayed pending hearing and determination of the appeal from the judgment on condition that the appeal from the judgment is perfected on or before May 28, 2019, and the motion is otherwise denied as academic; and it is further,

ORDERED that in the event the appeal from the judgment is not perfected on or before May 28, 2019, 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.

SCHEINKMAN, P.J., COHEN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court