Appellate Division: Second Judicial Department

M289611

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2023-01508, 2023-01509, 2023-01511 Andrew Reis, et al., respondents, v Corey Galloway, et al., appellants. (Index No. 57322/2020)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Westchester County, dated January 23, 2023, and January 3, 2023, respectively. Motion by the appellants for leave to appeal to this Court from the orders dated January 23, 2023, and January 3, 2023, and from an order of the same court dated February 10, 2023, to consolidate the appeals, and to stay enforcement of the order dated January 23, 2023, and all proceedings in the above-entitled action, pending hearing and determination of the appeals.

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 for leave to appeal is denied as unnecessary as the orders are appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated January 23, 2023, with the appeal from the order dated January 3, 2023, is denied as unnecessary as those appeals already have been consolidated; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated January 23, 2023, and January 3, 2023, with the appeal from the order dated February 10, 2023, is denied without prejudice to consolidating the appeals as of right upon the filing of a timely notice of appeal from the order dated February 10, 2023 (see CPLR 5513, 5514); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated January 23, 2023, and all proceedings in the above-entitled action, pending hearing and determination of the appeals, is denied.

DILLON, J.P., BARROS, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court