Abraham v Torati
Motion No: 2019-03431
Slip Opinion No: 2022 NY Slip Op 72166(U)
Decided on September 23, 2022
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

M285076

MB/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2019-03431, 2019-05297, 2019-05298

Arkady Abraham, et al., respondents,

v Hezi Torati, et al., appellants.

(Index No. 714784/2016)

DECISION & ORDER ON MOTION

2020-00706

Arkady Abraham, et al., respondents,

v Hezi Torati, et al., appellants.

(Index No. 714784/2016)

2022-01523

Arkady Abraham, et al., respondents,

v Hezi Torati, et al., appellants.

(Index No. 714784/2016)

Appeals from four orders of the Supreme Court, Queens County, dated September 14, 2018, March 1, 2019, April 8, 2019, and January 3, 2020, and a judgment of the same court dated February 16, 2022. Motion by the respondents to dismiss the appeals from the orders dated September 14, 2018, March 1, 2019, and April 8, 2019, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment. Separate motion by the respondents to dismiss the appeal from the order dated January 3, 2020, on the same ground. Motion by the appellants to stay enforcement of the judgment and to stay the sale of certain real property, pending hearing and determination of the appeal from the judgment.

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

ORDERED that the motions by the respondents are 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 by the appellants is granted, and enforcement of the judgment and the sale of the subject real property are stayed, pending hearing and determination of the appeal from the judgment; and it is further,

ORDERED that on the Court's own motion, the appeal from the judgment will be heard on submission.

IANNACCI, J.P., MILLER, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court