Lew v Sobel
Motion No: 2014-09453
Slip Opinion No: 2019 NY Slip Op 72404(U)
Decided on June 11, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263334

E/mm

SHERI S. ROMAN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2014-09453, 2015-04627

Mark Lew, appellant,

v Gail Sobel, et al., respondents.

(Index No. 15524/12)

DECISION & ORDER ON MOTION

2018-13752

In the Matter of Mark Lew, appellant,

v Gail Sobel, respondent.

(Index No. 603870/18)

2019-03106

In the Matter of Mark Lew, appellant,

v Gail Sobel, respondent.

(Index No. 603870/18)

2019-06248

In the Matter of Mark Lew, petitioner,

v Gail Sobel, respondent.

(Index No. 603870/18)

Motion by Mark Lew, inter alia, for leave to appeal to this Court from the denial of an application to sign an order to show cause of the Supreme Court, Nassau County, dated March 27, 2019, to stay all proceedings in the above-entitled action pending hearing and determination of that appeal, in effect, for leave to reargue appeals from two orders of the same court entered September 3, 2014, and February 23, 2015, respectively, which were determined by decision and order of this Court dated June 21, 2017, and to consolidate the appeal from the order dated March 27, 2019, with the appeals from the orders entered September 3, 2014, and February 23, 2015, and with appeals from two orders of the same court entered November 7, 2018, and March 4, 2019, respectively. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal from the order entered November 7, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals from the orders entered November 7, 2018, and March 4, 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; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal from the order entered November 7, 2018, is extended until August 9, 2019.

ROMAN, J.P., MALTESE, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court