| Matter of Leibowitz v Emachu |
| Motion No: 2021-06846 |
| Slip Opinion No: 2021 NY Slip Op 75866(U) |
| Decided on December 10, 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. |
Appellate Division: Second Judicial Department
M280489
MB/
ROBERT J. MILLER, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2021-06846, 2021-06847 In the Matter of Lazer Leibowitz, petitioner-respondent, v Toras Emachu, etc., respondent-appellant, et al., respondents. (Index No. 31973/2021)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Rockland County, dated August 26, 2021, and a judgment of the same court dated August 27, 2021. Motion by the petitioner-respondent, in effect, to dismiss the appeals on the ground that the appellant consented to the entry of the order and judgment appealed from, and to direct that certain funds be kept in a certain account pending satisfaction of the judgment.
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 to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., BARROS, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court