Appellate Division: Second Judicial Department

M262515

E/mm

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-00181 In the Matter of Sanitation Garage, Brooklyn Districts 3 and 3A. City of New York, petitioner-respondent; Monroe Bus Company, respondent-appellant. (Index No. 37905/03)

DECISION & ORDER ON MOTION

2019-00852

In the Matter of Sanitation Garage, Brooklyn

Districts 3 and 3A.

City of New York, petitioner-respondent;

Monroe Bus Company, respondent-appellant.

(Index No. 37905/03)

2019-04003

In the Matter of Sanitation Garage, Brooklyn

Districts 3 and 3A.

City of New York, petitioner-respondent;

Monroe Bus Company, respondent-appellant.

(Index No. 37905/03)

Motion by the appellant to be restored to possession of the subject premises and, in effect, to stay its eviction from the subject premises, pending hearing and determination of appeals from three orders of the Supreme Court, Kings County, dated October 17, 2018, December 28, 2018, and April 5, 2019, 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 appeal from the order dated December 28, 2018, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals from orders dated October 17, 2018, and April 5, 2019, as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and is otherwise denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court