Appellate Division: Second Judicial Department

M271166

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2018-03965 Kimso Apartments, LLC, et al., respondents, v Dulcemaria Rivera, et al., appellants. (Index No. 151044/2017)

DECISION & ORDER ON MOTION

2019-12163

Kimso Apartments, LLC, et al., appellants,

v Dulcemaria Rivera, et al., respondents.

(Index No. 151044/2017)

2020-01638

Kimso Apartments, LLC, et al., appellants,

v Dulcemaria Rivera, et al., respondents.

(Index No. 151044/2017)

Appeal from an order of the Supreme Court, Richmond County, dated March 8, 2018, which was determined by decision and order of this Court dated February 26, 2020, and appeals from two orders of the same court dated September 19, 2019, and January 30, 2020, respectively. Motion by the plaintiffs, inter alia, to dismiss the appeal from the order dated March 8, 2018, on the ground that the appeal has been rendered academic, for leave to appeal to this Court from so much of the order dated September 19, 2019, as directed the appellants to file a note of issue by a date certain or the action would be dismissed, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals from the orders dated September 19, 2019, and January 30, 2020, and to consolidate the appeals from the orders dated September 19, 2019, and January 30, 2020.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 8, 2018, is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court