Appellate Division: Second Judicial Department

M280769

E/sl

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

LARA J. GENOVESI, JJ.

2021-00411 Board of Managers of Van Wyck Glen Condominium et al., plaintiffs-respondents, v Van Wyck at Merritt P Homeowners Association, Inc., defendant third-party plaintiff-appellant, Anthony Costa, et al., defendants- Board of Managers of Van Wyck Meadows Condomi third-party defendant-respondent. (Index No. 50017/2017)

DECISION & ORDER ON MOTION , ark appellants; nium II,

2021-06711

Board of Managers of Van Wyck Glen Condominium,

et al., plaintiffs-respondents, v Van Wyck at Merritt Park

Homeowners Association, Inc., defendant third-party

plaintiff-appellant, Anthony Costa, et al., defendants-appellants;

Board of Managers of Van Wyck Meadows Condominium II,

third-party defendant-respondent.

(Index No. 50017/2017)

Appeals from two orders of the Supreme Court, Dutchess County, dated January 8, 2021, and August 31, 2021, respectively. Motion by the appellants to stay enforcement of the orders, pending hearing and determination of the appeals. Separate motion by the plaintiffs-respondents to dismiss the appeal from the order dated August 31, 2021, on the ground that no appeal lies from an order denying reargument.

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

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

ORDERED that the plaintiffs-respondents' motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

HINDS-RADIX, J.P., MILLER, CONNOLLY and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court