Scohn Enterprises, Inc. v D&G Construction Dean Gonzalez, LLC
Motion No: 2021-04426
Slip Opinion No: 2021 NY Slip Op 70285(U)
Decided on August 13, 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

M278636

E/sl

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI, JJ.

2021-04426

Scohn Enterprises, Inc., respondent,

v D & G Construction Dean Gonzalez, LLC,

et al., appellants.

(Index No. 10209/2015)

DECISION & ORDER ON MOTION

2021-04434

Scohn Enterprises, Inc., respondent,

v D & G Construction Dean Gonzalez, LLC,

et al., appellants.

(Index No. 10209/2015)

Appeals from an order of the Supreme Court, Nassau County, entered June 9, 2021, and an order to show cause of the same court dated June 9, 2021. Motion by the appellants, inter alia, for leave to appeal to this Court from the order and the order to show cause, to consolidate the appeals, and in effect, for summary reversal, or to stay enforcement of the order and the order to show cause, their eviction from the subject premises, and transfer of title to the subject premises, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal from the order is denied as unnecessary as the order is appealable as of right (see CPLR 5513); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order to show cause is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order to show cause is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., BARROS, BRATHWAITE NELSON and GENOVESI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court