Appellate Division: Second Judicial Department

M270528

kbp/

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2017-01503 Joglo Realities, Inc., et al., respondents, v Merilyn Tortorella, et al., appellants. (Index No. 20503/13)

DECISION & ORDER ON MOTION

2019-12993

Joglo Realities, Inc., et al., plaintiffs-respondents,

v Merilyn Tortorella, et al., appellants, New York

State Department of Environmental Conservation,

defendant-respondent.

(Index No. 20503/13)

Motion by the appellants to calendar an appeal from an order of the Supreme Court, Kings County, dated January 18, 2017, together with an appeal from an order of the same court dated October 3, 2019. Cross motion by the plaintiffs-respondents to dismiss the appeal from the order dated January 18, 2017, on the ground that it has been rendered academic, and to dismiss the appeal from so much of the order dated October 3, 2019, as denied reargument on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

AUSTIN, J.P., COHEN, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court