Appellate Division: Second Judicial Department

M275740

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-08680 Timothy D. Sini, etc., appellant, v Nickolas Miranda, defendant, Christine Miranda, respondent. (Index No. 347/2019)

DECISION & ORDER ON MOTION

2020-08273

Timothy D. Sini, etc., appellant,

v Nickolas Miranda, defendant,

Christine Miranda, respondent.

(Index No. 347/2019)

Appeals from two orders of the Supreme Court, Suffolk County, dated May 6, 2019, and May 26, 2020, respectively. Motion by the appellant for leave to appeal from so much of the order dated May 6, 2019, as sua sponte directed the dismissal of the action, to consolidate the appeals, and to waive the requirement that the appellant file a record or briefs in connection with the appeal from the order dated May 26, 2020. Motion by the respondent to dismiss the appeal from the order dated May 26, 2020, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the branch of the appellant's motion which is for leave to appeal from so much of the order dated May 6, 2019, as sua sponte directed the dismissal of the action is held in abeyance and referred to the panel of Justices hearing the appeal from the order dated May 6, 2019, for determination upon the argument or submission thereof; and it is further,

ORDERED that the appellant's motion is otherwise denied; and it is further,

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeal from the order dated May 26, 2020, for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

DILLON, J.P., HINDS-RADIX, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court