Appellate Division: Second Judicial Department

M268178

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-08653 In the Matter of Marc Fishman, appellant, v Jennifer Solomon, respondent. (Docket Nos. V-8186-14/18AG, V-8187-14/18AI, V-8188-14/18AH, V-8189-14/18AG)

DECISION & ORDER ON MOTION

2019-08919

In the Matter of Marc Fishman, appellant,

v Jennifer Solomon, respondent.

(Docket Nos. V-7-19/19H, V-8-19/19L,

V-9-19/19F, V-10-19/19I)

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Westchester County (IDV Part), dated May 31, 2019, and July 16, 2019, for failure to timely serve the notice of appeal and to dismiss the appeal from the order dated July 16, 2019, as superseded by an order of the same court dated July 19, 2019.

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

ORDERED that on the Court's own motion, the notices of appeal from the orders, which were timely filed, are deemed timely served (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals for failure to timely serve the notice of appeal is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated July 16, 2019, as superseded by the order dated July 19, 2019 is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

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

ENTER:

Aprilanne Agostino

Clerk of the Court