Appellate Division: Second Judicial Department

M278279

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-05933 Batool M. Hussaini, respondent, v Syed Moinuddin Hussaini, appellant. (Index No. 707985/2020)

DECISION & ORDER ON MOTION

2021-01368

In the Matter of Batool M. Hussaini, respondent,

v Syed Moinuddin Hussaini, appellant.

(Index No. 709671/2019)

2021-04357

In the Matter of Batool M. Hussaini, respondent,

v Syed Moinuddin Hussaini, appellant.

(Index No. 709671/2019)

Appeals from two orders of the Supreme Court, Queens County, entered July 14, 2020, and February 2, 2021, respectively, and a judgment of the same court entered June 11, 2021. Motion by the appellant, inter alia, to stay enforcement of the judgment and to enjoin the respondent from impairing his access to the premises occupied by Best Medical Care, P.C., pending hearing and determination of the appeals, to consolidate the appeals, and for an attorney's fee.

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 order entered February 2, 2021, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from that order may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order entered July 14, 2020, and the judgment will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., CHAMBERS, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court