Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274903

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2020-07766, 2020-07767 In the Matter of Maria Martucci, respondent, v Biagio Nerone, appellant. (Docket No. F-4838-2015/2019I)

DECISION & ORDER ON MOTION

2020-07907

In the Matter of Maria Martucci, respondent,

v Biagio Nerone, appellant.

(Docket No. F-4838-2015/2019I)

Appeals from two orders of the Family Court, Richmond County, dated September 10, 2020, and October 8, 2020, respectively, and the denial of an application to sign an order to cause of the same court which occurred on October 15, 2020. Motion by the appellant, inter alia, to stay enforcement of the orders, pending hearing and determination of the appeals, and to consolidate the appeals from the orders with the appeal from the denial of the application to sign the order to show cause.

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

ORDERED that on the Court's own motion, the appeal from the denial of the application to sign an order to cause which occurred on October 15, 2020, is dismissed, without costs or disbursements (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders with the appeal from the denial of the application to sign an order to cause which occurred on October 15, 2020, is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court