| Ellis v Town of East Hampton, New York |
| Motion No: 2021-03908 |
| Slip Opinion No: 2023 NY Slip Op 75966(U) |
| Decided on October 30, 2023 |
| 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
M291889
AFA/
FRANCESCA E. CONNOLLY, J.P.
LARA J. GENOVESI
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2021-03908, 2021-03909 Harry J. Ellis, etc., appellant, v Town of East Hampton, New York, et al., respondents. (Index No. 39825/2010)
| DECISION & ORDER ON MOTION |
2022-02797
Harry J. Ellis, etc., appellant, v Town of
East Hampton, New York, et al., respondents.
(Index No. 39825/2010)
Appeals from two orders of the Supreme Court, Suffolk County, dated December 21, 2020, and April 16, 2021, respectively, and a judgment of the same court dated February 8, 2022. Motion by the respondents to dismiss the appeal from the order dated December 21, 2020, on the grounds that it has been vacated and the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment, or, in the alternative, to consolidate 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 to dismiss the appeal from the order dated December 21, 2020, 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 branch of the motion which is to consolidate the appeals is denied; and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.
CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court