Appellate Division: Second Judicial Department

M264582

E/mm

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2019-03124, 2019-03126 Orna Keren, respondent, v Alexander Keren, appellant. (Index No. 8465/16)

DECISION & ORDER ON MOTION

2019-06668

Orna Keren, respondent,

v Alexander Keren, appellant.

(Index No. 8465/16)

Motion by the appellant on appeals from a decision of the Supreme Court, Suffolk County, dated August 22, 2018, a judgment of the same court entered January 8, 2019, and an order of the same court dated April 26, 2019, to stay enforcement of the judgment and the order, pending hearing and determination of the appeals, 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 decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment and the order is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as to the appeals from the judgment and the order as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and denied as academic as to the appeal from the decision.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court