Aronov v Matvienko
Motion No: 2021-00765
Slip Opinion No: 2021 NY Slip Op 62658(U)
Decided on March 5, 2021
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275930

E/sl

REINALDO E. RIVERA, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2021-00765

Ilana Aronov, plaintiff-respondent,

v Evgeny Matvienko, defendant-respondent;

Zoya Aksakalova, et al., nonparty-appellants.

(Index No. 719544/2020)

DECISION & ORDER ON MOTION

2021-00766

Ilana Aronov, plaintiff-respondent,

v Evgeny Matvienko, defendant-respondent;

Zoya Aksakalova, et al., nonparty-appellants.

(Index No. 719544/2020)

Appeals from two orders of the Supreme Court, Queens County, dated January 13, 2021, and January 19, 2021, respectively. Motion by the nonparty-appellants Zoya Aksakalova, Robert Aronov, and Nekadam Rubinova, inter alia, to stay enforcement of the order dated January 19, 2021, and the so-ordered subpoenas dated September 8, 2020, pending hearing and determination of the appeals, and to consolidate the appeals from the order dated January 13, 2021, with the appeals from the order dated January 19, 2021. Separate motion by the nonparty-appellant Olga Avezbakieva to stay enforcement of the order dated January 19, 2021, and the so-ordered subpoenas dated September 8, 2020, pending hearing and determination of the appeals, and to consolidate the appeals from the order dated January 13, 2021, with the appeals from the order dated January 19, 2021.

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

ORDERED that on the Court's own motion, the appeals from the order dated January 13, 2021, are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the branches of the motions which are to consolidate the appeals from the order dated January 13, 2021, with the appeals from the order dated January 19, 2021, are denied as academic; and it is further,

ORDERED that the motions are otherwise denied.

RIVERA, J.P., CONNOLLY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court