Appellate Division: Second Judicial Department

M270336

kbp/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-13752 In the Matter of Mark Lew, respondent, v Gail Sobel, appellant. (Index No. 603870/2018)

DECISION & ORDER ON MOTION

2019-06557, 2019-06558

In the Matter of Mark Lew, respondent,

v Gail Sobel, appellant.

(Index No. 603870/2018)

Appeals from two orders of the Supreme Court, Nassau County, entered November 7, 2018, and April 26, 2019, respectively, and a judgment of the same court entered April 26, 2019. The appeal from the order entered November 7, 2018, was dismissed by decision and order on motion of this Court dated September 30, 2019, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment. Motion by the appellant, inter alia, to vacate the dismissal of the appeal from the order entered November 7, 2018, or, in the alternative, for leave to serve and file a supplemental brief and supplemental appellant's appendix in connection with the appeals from the order entered April 26, 2019, and the judgment. Separate motion by the appellant to strike the respondent's brief filed in connection with the appeals from the order entered April 26, 2019, and the judgment.

Upon the papers filed in support of the appellant's motion, inter alia, to vacate the dismissal of the appeal from the order entered November 7, 2018, and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion to strike the respondent's brief and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

DILLON, J.P., MALTESE, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court