Appellate Division: Second Judicial Department

M282304

MB/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

JOSEPH J. MALTESE

LARA J. GENOVESI, JJ.

2021-03931 M. R., respondent, v A. R., appellant. (Index No. 202500/2016)

DECISION & ORDER ON MOTION

2021-09552

Michele Rothman, appellant,

v Alan Rothman, respondent.

(Index No. 202500/2016)

2022-00724

Michele Rothman, appellant-respondent,

v Alan Rothman, respondent-appellant.

(Index No. 202500/2016)

Appeals from two orders of the Supreme Court, Nassau County, dated April 24, 2021, and November 16, 2021, and appeal and cross appeal from a judgment of the same court entered January 20, 2022. The appeal from the order dated April 24, 2021, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant A. R. pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated April 24, 2021. Separate motion by the appellant-respondent Michele Rothman, inter alia, to consolidate the appeal from the order dated November 16, 2021, with the appeal from the judgment entered January 20, 2022, and to stay enforcement of so much of the judgment as permits the release of certain funds held in escrow and terminates the respondent-appellant Alan Rothman's obligation to make the premium payments for the appellant-respondent's medical insurance, pending hearing and determination of the appeals and cross appeal. Separate motion by the appellant-respondent Michele Rothman to dismiss the cross appeal from the judgment pursuant to Bray v Cox (38 NY2d 350).

Upon the papers filed in support of the motion by the appellant A. R. and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motions by the appellant-respondent Michele Rothman and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant A. R. pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated April 24, 2021, is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated November 16, 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); and it is further,

ORDERED that the branch of the motion by the appellant-respondent Michele Rothman which is to consolidate the appeal from the order dated November 16, 2021, with the appeal from the judgment entered January 20, 2022, is denied as academic; and it is further,

ORDERED that the motions by the appellant-respondent Michele Rothman are otherwise denied.

DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court