Appellate Division: Second Judicial Department

M262421

E/mm

LEONARD B. AUSTIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2017-00855, 2017-07551 Caerus Terra Properties, LLC, respondent, v Andre Sulton, appellant, et al., defendants. (Index No. 2842/16)

DECISION & ORDER ON MOTION

2018-09614

Caerus Terra Properties, LLC, respondent,

v Andre Sulton, appellant, et al., defendants.

(Index No. 2842/16)

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, dated January 10, 2017, and March 8, 2017, respectively, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated May 10, 2018. Separate motion by the respondent to dismiss an appeal from the judgment dated May 10, 2018, on the ground that the appellant waived his right to appeal by accepting the benefits of the judgment.

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

ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders will be calendared together with the appeal from the judgment and will be argued or submitted on the same date.

AUSTIN, J.P., LEVENTHAL, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court