Merkos L' Inyonei Chinuch v Congregation Lubavitch, Inc. ("cli"), Et Al.
Motion No: 2020-00710 KC
Slip Opinion No: 2021 NY Slip Op 75028(U)
Decided on November 18, 2021
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

WAVNY TOUSSAINT

DONNA-MARIE E. GOLIA, JJ.

DECISION & ORDER ON MOTION

2020-710 K C
Merkos L' Inyonei Chinuch, Respondent, v Congregation Lubavitch, Inc. ("CLI"), et al., Appellants, and Menachem Gerlitzky, individually and, in his capacity as Gabbai, and in his capacity as Trustee of CLI, and Yosef Losh, individually and, in his capacity as Gabbai, and in his capacity as Trustee of CLI, Respondents.

Motion by respondent on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated April 25, 2020, to vacate a stay or, in the alternative, to modify an undertaking. Separate motion by appellants for leave to perfect the above-captioned appeal on a single combined record and brief with two separate appeals from the same decision (appeal No. 2020-709 K C and appeal No. 2020-711 K C).

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

ORDERED, on the court's own motion, that the motions are consolidated for disposition; and it is further,

ORDERED on the court's own motion, that the appeal is dismissed, as no appeal lies from a decision (see CCA 1702); and it is further,

ORDERED that respondent's motion to vacate a stay or, in the alternative, to modify an undertaking is denied as moot; and it is further,

ORDERED that appellant's motion for leave to perfect the above-captioned appeal on a single combined record and brief with two separate appeals from the same decision (appeal No. 2020-709 K C and appeal No. 2020-711 K C) is denied as moot.

ENTER:

Paul Kenny

Chief Clerk