Appellate Division: Second Judicial Department

M266743

E/mb

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

JOSEPH J. MALTESE, JJ.

2019-10358 Gloria Johnson, respondent, v Betty Cater, appellant. (Index No. 608383/15)

DECISION & ORDER ON MOTION

2019-10760

Gloria Johnson, respondent,

v Betty Cater, appellant.

(Index No. 608383/15)

Motion by the appellant to stay execution of a proposed judgment in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 22, 2019. Separate motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered September 11, 2019, pending hearing and determination of appeals from the order entered August 22, 2019, and the judgment, and to consolidate the appeals.

Upon the papers filed in support of the motion to stay execution of the proposed judgment and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to stay enforcement of the judgment and to consolidate the appeals, and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order entered August 22, 2019, 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 to stay execution of the proposed judgment and the branch of the motion which is to consolidate the appeals are denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied.

SCHEINKMAN, P.J., RIVERA, LEVENTHAL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court