PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND DEJOSEPH, JJ.

CA 21-00329 AND CA 21-00482

JOSEPH SINDONI, PLAINTIFF-RESPONDENT, V BOARD OF EDUCATION OF SKANEATELES CENTRAL SCHOOL DISTRICT AND SKANEATELES CENTRAL SCHOOL DISTRICT, DEFENDANTS-APPELLANTS.

Appellants having moved, pursuant to CPLR 5518, to stay a contempt hearing pending the hearing and determination of the appeal taken herein from an order of the Supreme Court, Onondaga County, entered March 8, 2021 (appeal No. 2), and to consolidate that appeal with the appeal taken from an order of the same Court entered February 16, 2021 (appeal No. 1), and respondent having cross-moved to dismiss appeal No. 2 on the ground that the order entered March 8, 2021, is not appealable as matter of right under CPLR 5701,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's cross motion is granted to the extent that appeal No. 2 is dismissed inasmuch as it relates to the portion of the "order directing a hearing to aid in the disposition of a motion" (Howell v Independent Union of Plant Protection Empls., 112 AD2d 754, 754 [4th Dept 1985]; see Iodice v City of White Plains, 60 AD3d 730, 730 [2d Dept 2009]), and

It is further ORDERED appellants' motion is denied insofar

as it seeks to stay the contempt hearing, and

It if further ORDERED that appellants' motion is denied insofar as it seeks to consolidate the appeals.

Entered: May 26, 2021

Mark W. Bennett

Clerk of the Court